Minnesota Legislature
HF 1826
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/19/2023 12:06am
Current Version - 2nd Engrossment
2.7 2.8
2.9 2.10 2.11
2.12 2.13 2.14 2.15 2.16 2.17
2.18 2.19 2.20 2.21 2.22 2.23 2.24
2.25 2.26
2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25
3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31
4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19
5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5
6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19
7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22
8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23
9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21
10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12
11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7
12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15
12.16
12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2 13.3 13.4 13.5 13.6 13.7
13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19
13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28
13.29 13.30 13.31 14.1 14.2 14.3 14.4
14.5 14.6 14.7 14.8 14.9 14.10
14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9
15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24
16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27
17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29
18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20
19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2
20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10
20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22
21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11
22.12 22.13 22.14 22.15 22.16
22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24
22.25 22.26 22.27 22.28
23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10
25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24
25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8
26.9 26.10 26.11 26.12 26.13
26.14 26.15 26.16 26.17 26.18
26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26
26.27 26.28 26.29 26.30
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24
27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30
28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6
29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31
30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10
30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28
30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9
31.10 31.11 31.12 31.13 31.14 31.15 31.16
31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25
32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18
33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31
34.1 34.2 34.3
34.4 34.5 34.6 34.7 34.8 34.9
34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27
34.28 34.29
34.30 34.31 34.32 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19
36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19
40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29
40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12
41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23
41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31
42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26
42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12
43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17
44.18 44.19 44.20 44.21
44.22 44.23 44.24 44.25 44.26 44.27
44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18
45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20
46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31
47.1 47.2 47.3 47.4 47.5
47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23
47.24 47.25 47.26 47.27 47.28 47.29 47.30 48.1 48.2 48.3
48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18
48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6
49.7
49.8 49.9 49.10 49.11 49.12
49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2
51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30
51.31
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14
52.15 52.16 52.17 52.18 52.19 52.20 52.21
52.22 52.23 52.24 52.25 52.26
52.27
52.28 52.29 52.30 53.1 53.2 53.3 53.4
53.5 53.6 53.7
53.8
53.9 53.10
53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22
53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30
54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18
54.19 54.20 54.21 54.22 54.23 54.24 54.25
54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2
55.3 55.4 55.5 55.6 55.7
55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19
57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28
58.29 58.30 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17
59.18 59.19 59.20 59.21 59.22 59.23 59.24
59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7
60.8 60.9
60.10 60.11
60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4
61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19
61.20
61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29
61.30
62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29
62.30
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18
63.19
63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31
64.1 64.2 64.3
64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15
64.16 64.17 64.18
64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27
64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15
68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12
69.13 69.14 69.15 69.16 69.17 69.18
69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23
70.24 70.25
70.26 70.27 70.28 70.29 71.1 71.2 71.3 71.4 71.5 71.6
71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19
71.20
71.21 71.22 71.23 71.24
71.25 71.26 71.27 71.28 71.29 71.30 71.31 72.1 72.2 72.3 72.4 72.5 72.6
72.7 72.8 72.9
72.10
72.11 72.12
72.13 72.14 72.15
72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29
73.1 73.2 73.3 73.4 73.5 73.6 73.7
73.8 73.9 73.10 73.11 73.12 73.13 73.14
73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24
73.25 73.26 73.27
74.1 74.2 74.3 74.4
A bill for an act
relating to state government; designating the state fire museum; making provisions
for legislative day, legislative reports, legislative provisions, Executive Council,
data practices, state civil service, ADA coordinators, and notary; defining
appointing authority; providing changes covering state agencies, legislative salary
council, and MMB accounting system; clarifying capital asset preservation;
establishing the Office of Collaboration and Dispute Resolution and the Office of
Enterprise Sustainability; changing certain state procurement provisions; making
changes to state personnel management; requiring provisions for disability
recruitment, hiring, and advancement; requiring accessibility standards; changing
Board of Regents provisions; changing provisions for civil marriages, holidays,
Mississippi River Parkway Commission, certain closed meetings proceedings, and
service worker standards; changing certain information technology and
cybersecurity provisions; making local government provision changes; establishing
the Ramsey County and Anoka County Library Advisory Boards; establishing the
construction manager at risk method of project delivery; allowing managed natural
landscapes; allowing municipal hotel licensing; requiring reporting of buildings
that do not have sprinkler systems; implementing the Municipal Building
Commission dissolution; requiring reports; amending Minnesota Statutes 2022,
sections 3.011; 3.012; 3.195, subdivision 1; 3.303, subdivision 6; 3.855,
subdivisions 2, 3, 5; 3.888, subdivision 5, by adding subdivisions; 9.031,
subdivision 3; 13.04, subdivision 4; 13D.02, subdivision 1; 15.0597, subdivisions
1, 4, 5, 6; 15.066, by adding a subdivision; 15A.0825, subdivisions 1, 2, 3, 4;
16A.055, by adding a subdivision; 16A.15, subdivision 3; 16A.632, subdivision
2; 16B.307, subdivision 1; 16B.33, subdivisions 1, 3, 3a, by adding a subdivision;
16B.58, by adding a subdivision; 16C.10, subdivision 2; 16C.251; 16C.32,
subdivision 1; 16C.36; 16E.01, subdivisions 1a, 3, by adding a subdivision;
16E.016; 16E.03, subdivisions 2, 4a, by adding a subdivision; 43A.01, subdivision
2; 43A.02, by adding subdivisions; 43A.04, subdivisions 1a, 4, 7; 43A.06,
subdivision 1; 43A.09; 43A.10, subdivisions 2a, 7; 43A.14; 43A.15, subdivision
14, by adding a subdivision; 43A.17, by adding a subdivision; 43A.18, subdivisions
1, 9; 43A.19, subdivision 1; 43A.191; 43A.21, subdivisions 1, 2, 3, by adding a
subdivision; 43A.36, subdivision 1; 43A.421; 118A.09, subdivisions 1, 2, 3;
137.0245, subdivision 2, by adding a subdivision; 138.081, subdivision 3; 138.665,
subdivision 2; 161.1419, subdivision 2; 179A.22, subdivision 4; 351.01, subdivision
2; 357.17; 359.04; 364.021; 364.06, subdivision 1; 383B.145, by adding a
subdivision; 471.345, by adding a subdivision; 473.606, subdivision 5; 473.704,
subdivision 3; 507.0945; 517.04; 645.44, subdivision 5, as amended; proposing
coding for new law in Minnesota Statutes, chapters 1; 16B; 43A; 118A; 134; 359;
383B; 412; 471; repealing Minnesota Statutes 2022, sections 15.0395; 16B.24,
subdivision 13; 16E.0466, subdivision 2; 43A.17, subdivision 9; 136F.03; 179.90;
179.91; 383B.143, subdivisions 2, 3; 383B.75; 383B.751; 383B.752; 383B.753;
383B.754.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT OPERATIONS
Section 1.
new text begin
[1.1471] STATE FIRE MUSEUM.
new text end
new text begin
The Bill and Bonnie Daniels Firefighters Hall and Museum in the city of Minneapolis
is designated as the official state fire museum.
new text end
Sec. 2.
Minnesota Statutes 2022, section 3.011, is amended to read:
3.011 SESSIONS.
The legislature shall meet at the seat of government on the first Tuesday after the deleted text begin firstdeleted text end new text begin
secondnew text end Monday in January of each odd-numbered year. deleted text begin When the first Monday in January
falls on January 1, it shall meet on the first Wednesday after the first Monday.deleted text end It shall also
meet when called by the governor to meet in special session.
Sec. 3.
Minnesota Statutes 2022, section 3.012, is amended to read:
3.012 LEGISLATIVE DAY.
new text begin For the purposes of the Minnesota Constitution, article IV, section 12, new text end a legislative day
is a day when either house of the legislature deleted text begin is called to orderdeleted text end new text begin gives any bill a third reading,
adopts a rule of procedure or organization, elects a university regent, confirms a gubernatorial
appointment, or votes to override a gubernatorial vetonew text end . A legislative day begins at seven
o'clock a.m. and continues until seven o'clock a.m. of the following calendar day.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 13, 2025, and applies to sessions
of the legislature convening on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2022, section 3.195, subdivision 1, is amended to read:
Subdivision 1.
Distribution of reports.
(a) Except as provided in subdivision 4, a report
to the legislature required of a department or agency shall be made, unless otherwise
specifically required by law, by filing deleted text begin two copiesdeleted text end new text begin one copynew text end with the Legislative Reference
Library, and by making the report available electronically to the Legislative Reference
Library. The same distribution procedure shall be followed for other reports and publications
unless otherwise requested by a legislator or the Legislative Reference Library.
(b) A public entity as defined in section 16C.073 shall not distribute a report or
publication to a member or employee of the legislature, except the Legislative Reference
Library, unless the entity has determined that the member or employee wants the reports
or publications published by that entity or the member or employee has requested the report
or publication. This prohibition applies to both mandatory and voluntary reports and
publications. A report or publication may be summarized in an executive summary and
distributed as the entity chooses. Distribution of a report to legislative committee or
commission members during a committee or commission hearing is not prohibited by this
section.
(c) A report or publication produced by a public entity may not be sent to both the home
address and the office address of a representative or senator unless mailing to both addresses
is requested by the representative or senator.
(d) Reports, publications, periodicals, and summaries under this subdivision must be
printed in a manner consistent with section 16C.073.
Sec. 5.
Minnesota Statutes 2022, section 3.303, subdivision 6, is amended to read:
Subd. 6.
Grants; staff; space; equipmentnew text begin ; contractsnew text end .
new text begin (a) new text end The commission may make
grants, employ an executive director and other staff, and obtain office space, equipment,
and supplies necessary to perform its duties.
new text begin
(b) The executive director may enter into contracts in compliance with section 3.225 to
provide necessary services and supplies for the house of representatives and the senate, and
for legislative commissions and joint legislative offices. A contract for professional or
technical services that is valued at more than $50,000 may be made only after the executive
director has consulted with the chair and vice-chair of the commission.
new text end
Sec. 6.
Minnesota Statutes 2022, section 3.855, subdivision 2, is amended to read:
Subd. 2.
new text begin Unrepresented new text end state employee deleted text begin negotiationsdeleted text end new text begin compensationnew text end .
deleted text begin
(a) The
commissioner of management and budget shall regularly advise the commission on the
progress of collective bargaining activities with state employees under the state Public
Employment Labor Relations Act. During negotiations, the commission may make
recommendations to the commissioner as it deems appropriate but no recommendation shall
impose any obligation or grant any right or privilege to the parties.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end The commissionernew text begin of management and budgetnew text end shall submit to the chair of the
commission any deleted text begin negotiated collective bargaining agreements, arbitration awards,deleted text end
compensation plansdeleted text begin ,deleted text end or salaries deleted text begin for legislative approval or disapproval. Negotiated agreements
shall be submitted within five days of the date of approval by the commissioner or the date
of approval by the affected state employees, whichever occurs later. Arbitration awards
shall be submitted within five days of their receipt by the commissioner.deleted text end new text begin prepared under
section 43A.18, subdivisions 2, 3, 3b, and 4. The chancellor of the Minnesota State Colleges
and Universities shall submit any compensation plan under section 43A.18, subdivision 3a.new text end
If the commission disapproves a deleted text begin collective bargaining agreement, award,deleted text end compensation
plandeleted text begin ,deleted text end or salary, the commission shall specify in writing to the parties those portions with
which it disagrees and its reasons. If the commission approves a deleted text begin collective bargaining
agreement, award,deleted text end compensation plandeleted text begin ,deleted text end or salary, it shall submit the matter to the legislature
to be accepted or rejected under this section.
deleted text begin (c)deleted text end new text begin (b)new text end When the legislature is not in session, the commission may give interim approval
to a deleted text begin negotiated collective bargaining agreement,deleted text end salarydeleted text begin ,deleted text end new text begin ornew text end compensation plandeleted text begin , or arbitration
awarddeleted text end . deleted text begin When the legislature is not in session, failure of the commission to disapprove a
collective bargaining agreement or arbitration award within 30 days constitutes approval.deleted text end
The commission shall submit the deleted text begin negotiated collective bargaining agreements,deleted text end salariesdeleted text begin ,deleted text end new text begin andnew text end
compensation plansdeleted text begin , or arbitration awardsdeleted text end for which it has provided approval to the entire
legislature for ratification at a special legislative session called to consider them or at its
next regular legislative session as provided in this section. Approval or disapproval by the
commission is not binding on the legislature.
deleted text begin (d)deleted text end new text begin (c)new text end When the legislature is not in session, the proposed deleted text begin collective bargaining
agreement, arbitration decision,deleted text end salarydeleted text begin ,deleted text end or compensation plan must be implemented upon
its approval by the commission, and state employees covered by the proposed deleted text begin agreement
or arbitration decisiondeleted text end new text begin plan or salarynew text end do not have the right to strike while the interim approval
is in effect. deleted text begin Wages and economic fringe benefit increases provided for in the agreement or
arbitration decision paid in accordance with the interim approval by the commission are
not affected, but the wages or benefit increases must cease to be paid or provided effective
upon the rejection of the agreement, arbitration decision, salary, or compensation plan, or
upon adjournment of the legislature without acting on it.
deleted text end
Sec. 7.
Minnesota Statutes 2022, section 3.855, subdivision 3, is amended to read:
Subd. 3.
Other salaries and compensation plans.
The commission shall deleted text begin alsodeleted text end :
(1) review and approve, reject, or modify a plan for compensation and terms and
conditions of employment prepared and submitted by the commissioner of management
and budget under section 43A.18, subdivision 2, covering all state employees who are not
represented by an exclusive bargaining representative and whose compensation is not
provided for by chapter 43A or other law;
(2) review and approve, reject, or modify a plan for total compensation and terms and
conditions of employment for employees in positions identified as being managerial under
section 43A.18, subdivision 3, whose salaries and benefits are not otherwise provided for
in law or other plans established under chapter 43A;
(3) review and approve, reject, or modify recommendations for salaries submitted by
the governor or other appointing authority under section 15A.0815, subdivision 5, covering
agency head positions listed in section 15A.0815;
(4) review and approve, reject, or modify recommendations for salary range of officials
of higher education systems under section 15A.081, subdivision 7c;
(5) review and approve, reject, or modify plans for compensation, terms, and conditions
of employment proposed under section 43A.18, subdivisions 3a, 3b, and 4; and
(6) review and approve, reject, or modify the plan for compensation, terms, and conditions
of employment of classified employees in the office of the legislative auditor under section
3.971, subdivision 2.
Sec. 8.
Minnesota Statutes 2022, section 3.855, subdivision 5, is amended to read:
Subd. 5.
Information required.
The commissioner of management and budget must
submit to the Legislative Coordinating Commission the following information with the
submission of a deleted text begin collective bargaining agreement ordeleted text end compensation plan under deleted text begin subdivisionsdeleted text end
new text begin subdivision new text end 2 deleted text begin and 3deleted text end :
(1) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, a comparison of biennial
compensation costs under the current deleted text begin agreement ordeleted text end plan to the projected biennial
compensation costs under the proposed deleted text begin agreement ordeleted text end plan, paid with funds appropriated
from the general fund;
(2) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, a comparison of biennial
compensation costs under the current deleted text begin agreement ordeleted text end plan to the projected biennial
compensation costs under the proposed deleted text begin agreement ordeleted text end plan, paid with funds appropriated
from each fund other than the general fund;
(3) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, an identification of the
amount of the additional biennial compensation costs that are attributable to salary and
wages and to the cost of nonsalary and nonwage benefits; and
(4) for each agency, for clauses (1) to (3), the impact of the aggregate of all deleted text begin agreements
anddeleted text end plans being submitted to the commission.
Sec. 9.
Minnesota Statutes 2022, section 9.031, subdivision 3, is amended to read:
Subd. 3.
Collateral.
(a) In lieu of the corporate bond required in subdivision 2, a
depository may deposit with the commissioner of management and budget collateral to
secure state funds that are to be deposited with it. The Executive Council must approve the
collateral.
(b) The Executive Council shall not approve any collateral except:
deleted text begin
(1) bonds and certificates of indebtedness, other than bonds secured by real estate, that
are legal investments for savings banks under any law of the state; and
deleted text end
deleted text begin
(2) bonds of any insular possession of the United States, of any state, or of any agency
of this state, the payment of the principal and interest of which is provided for by other than
direct taxation.
deleted text end
new text begin
(1) United States government treasury bills, treasury notes, and treasury bonds;
new text end
new text begin
(2) issues of United States government agencies and instrumentalities, as quoted by a
recognized industry quotation service available to the state;
new text end
new text begin
(3) general obligation securities of any state other than the state and its agencies or local
government with taxing powers that is rated "A" or better by a national bond rating service,
or revenue obligation securities of any state other than the state and its agencies or local
government with taxing powers that is rated "AA" or better by a national bond rating service;
new text end
new text begin
(4) irrevocable standby letters of credit issued by Federal Home Loan Banks to the state
accompanied by written evidence that the bank's public debt is rated "AA" or better by
Moody's Investors Service, Inc., or Standard & Poor's Corporation; and
new text end
new text begin
(5) time deposits that are fully insured by any federal agency.
new text end
(c) The collateral deposited shall be accompanied by an assignment thereof to the state,
which assignment shall recite that:
(1) the depository will pay all the state funds deposited with it to the commissioner of
management and budget, free of exchange or other charge, at any place in this state
designated by the commissioner of management and budget; if the deposit is a time deposit
it shall be paid, together with interest, only when due; and
(2) in case of default by the depository the state may sell the collateral, or as much of it
as is necessary to realize the full amount due from the depository, and pay any surplus to
the depository or its assigns.
(d) Upon the direction of the Executive Council, the commissioner of management and
budget, on behalf of the state, may reassign in writing to the depository any registered
collateral pledged to the state by assignment thereon.
(e) A depository may deposit collateral of less value than the total designation and may,
at any time during the period of its designation, deposit additional collateral, withdraw
excess collateral, and substitute other collateral for all or part of that on deposit. Approval
of the Executive Council is not necessary for the withdrawal of excess collateral.
(f) If the depository is not in default the commissioner of management and budget shall
pay the interest collected on the deposited collateral to the depository.
new text begin
(g) In lieu of depositing collateral with the commissioner of management and budget,
collateral may also be placed in safekeeping in a restricted account at a Federal Reserve
bank, or in an account at a trust department of a commercial bank or other financial institution
that is not owned or controlled by the financial institution furnishing the collateral. The
selection shall be approved by the commissioner.
new text end
Sec. 10.
Minnesota Statutes 2022, section 13.04, subdivision 4, is amended to read:
Subd. 4.
Procedure when data is not accurate or complete.
(a) An individual subject
of the data may contest the accuracy or completeness of public or private datanew text begin about
themselvesnew text end .
new text begin (b)new text end To exercise this right, an individual shall notify in writing the responsible authoritynew text begin
of the government entity that maintains the data,new text end describing the nature of the disagreement.
new text begin (c) Upon receiving the notification from the data subject,new text end the responsible authority shall
within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt
to notify past recipients of inaccurate or incomplete data, including recipients named by the
individual; or (2) notify the individual that the authority believes the data to be correct. new text begin If
the challenged data are determined to be accurate or complete, the responsible authority
shall inform the individual of the right to appeal the determination to the commissioner
under this section. new text end Data in dispute shall be disclosed only if the individual's statement of
disagreement is included with the disclosed data.
new text begin (d) A data subject may appeal new text end the determination of the responsible authority deleted text begin may be
appealeddeleted text end pursuant to the provisions of the Administrative Procedure Act relating to contested
cases. new text begin An individual must submit an appeal to the commissioner within 60 days of the
responsible authority's notice of the right to appeal or as otherwise provided by the rules of
the commissioner. new text end Upon receipt of an appeal by an individual, the commissioner shall,
before issuing the order and notice of a contested case hearing required by chapter 14, try
to resolve the dispute through education, conference, conciliation, or persuasion. If the
parties consent, the commissioner may refer the matter to mediation. Following these efforts,
the commissioner shall dismiss the appeal or issue the order and notice of hearing.
new text begin
(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:
new text end
new text begin
(1) an appeal to the commissioner is not timely;
new text end
new text begin
(2) an appeal concerns data previously admitted as evidence in a court proceeding in
which the data subject was a party; or
new text end
new text begin
(3) an individual is not the subject of the data challenged as inaccurate or incomplete.
new text end
deleted text begin (b)deleted text end new text begin (f)new text end Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
new text begin (g) new text end After completing, correcting, or destroying successfully challenged data, a government
entity may retain a copy of the commissioner of administration's order issued under chapter
14 or, if no order were issued, a summary of the dispute between the parties that does not
contain any particulars of the successfully challenged data.
Sec. 11.
Minnesota Statutes 2022, section 15.0597, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms shall have
the meanings given them.
(b) "Agency" means (1) a state board, commission, council, committee, authority, task
force, including an advisory task force created under section 15.014 or 15.0593, a group
created by executive order of the governor, or other similar multimember agency created
by law and having statewide jurisdiction; and (2) the Metropolitan Council, metropolitan
agency, Capitol Area Architectural and Planning Board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate compact.
(c) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency,
or (2) a new, unfilled agency position. deleted text begin Vacancy includes a position that is to be filled through
appointment of a nonlegislator by a legislator or group of legislators;deleted text end Vacancy does not
mean (1) a vacant position on an agency composed exclusively of persons employed by a
political subdivision or another agency, deleted text begin ordeleted text end (2) a vacancy to be filled by a person required
to have a specific title or positionnew text begin , (3) a vacancy that is to be filled through appointment of
a legislator by a legislator or group of legislators, or (4) a position appointed by a private
entity or individual, in the manner specified in the document creating the agency, unless
otherwise providednew text end .
(d) "Secretary" means the secretary of state.
new text begin
(e) "Appointing authority" means the individual or entity with the specific authority to
appoint open or direct appointment positions. This includes but is not limited to the governor,
state agency commissioners, indigenous Tribal leaders, designated legislative leaders and
local agency heads, persons who have been specifically delegated the authority to make
those appointments, or private entities or persons as designated by the document creating
the agency. Appointments should be evidenced by a document signed by the appointing
authority's most senior official. Appointments that do not specify an appointing authority
shall be made in the manner provided in section 4.04.
new text end
new text begin
(f) "Direct appointments" refers to: (1) the appointment of members to an agency,
pursuant to a process not subject to this section; and (2) those members of an agency
appointed through a process not subject to this section. Direct appointments must be provided
for specifically in the documents creating the agency, whether enabling law, executive order,
commissioner's order, or otherwise.
new text end
Sec. 12.
Minnesota Statutes 2022, section 15.0597, subdivision 4, is amended to read:
Subd. 4.
Notice of vacancies.
The chair of an existing agencydeleted text begin ,deleted text end shall notify the secretary
by electronic means of a vacancy scheduled to occur in the agency as a result of the expiration
of membership terms at least 45 days before the vacancy occurs. The chair of an existing
agency deleted text begin shall give electronic notification todeleted text end new text begin must notifynew text end the secretary of each vacancy
occurring as a result of newly created agency positions and of every other vacancy occurring
for any reason other than the expiration of membership terms as soon as possible upon
learning of the vacancy and in any case within 15 days after the occurrence of the vacancy.new text begin
The chair may submit vacancy notices by posting seat openings on the secretary of state's
boards and commissions website.
new text end
new text begin
(b) If a vacancy is to be appointed by the governor, the chair must first notify the governor
and receive permission to post the vacancy. Where a vacancy is created by resignation, the
vacancy may not be posted until receipt and acceptance of the resignation of the incumbent
as provided by section 351.01, subdivision 1, clause (2), is confirmed by the governor.
new text end
new text begin (c)new text end The appointing authority for newly created agencies shall give electronic notification
to the secretary of all vacancies in the new agency within 15 days after the creation of the
agency. The secretary may require the submission of notices required by this subdivision
by electronic means.
new text begin (d)new text end The secretary shall publish monthly on the website of the secretary of state a list of
all vacancies of which the secretary has been so notified. Only one notice of a vacancy shall
be so published, unless the appointing authority rejects all applicants and requests the
secretary to republish the notice of vacancy. One copy of the listing shall be made available
at the office of the secretary to any interested person. The secretary shall distribute by mail
or electronic means copies of the listings to requesting persons.
new text begin (e)new text end The listing for all vacancies scheduled to occur in the month of January shall be
published on the website of the secretary of state together with the compilation of agency
data required to be published pursuant to subdivision 3.
new text begin (f) new text end If a vacancy occurs within three months after an appointment is made to fill a regularly
scheduled vacancy, the appointing authority may, upon notification by electronic means to
the secretary, fill the vacancy by appointment from the list of persons submitting applications
to fill the regularly scheduled vacancy.
Sec. 13.
Minnesota Statutes 2022, section 15.0597, subdivision 5, is amended to read:
Subd. 5.
Nominations for vacancies.
Any person may make a self-nomination for
appointment to an agency vacancy by completing an application on a form prepared and
distributed by the secretary. The secretary may provide for the submission of the application
by electronic means. Any person or group of persons may, on the prescribed application
form, nominate another person to be appointed to a vacancy so long as the person so
nominated consents on the application form to the nomination. The application form shall
specify the nominee's name, mailing address, electronic mail address, telephone number,
preferred agency position sought, a statement that the nominee satisfies any legally prescribed
qualifications, deleted text begin a statement whether the applicant has ever been convicted of a felony,deleted text end and
any other information the nominating person feels would be helpful to the appointing
authority. The nominating person has the option of indicating the nominee's sex, political
party preference or lack thereof, status with regard to disability, race, veteran status, and
national origin on the application form. The application form shall make the option known.
If a person submits an application at the suggestion of an appointing authority, the person
shall so indicate on the application form. Twenty-one days after publication of a vacancy
on the website of the secretary of state pursuant to subdivision 4, the secretary shall submit
electronic copies of all applications received for a position to the appointing authority
charged with filling the vacancy. deleted text begin If no applications have been received by the secretary for
the vacant position by the date when electronic copies must be submitted to the appointing
authority, the secretary shall so inform the appointing authority.deleted text end Applications received by
the secretary shall be deemed to have expired one year after receipt of the application. An
application for a particular agency position shall be deemed to be an application for all
vacancies in that agency occurring prior to the expiration of the application and shall be
public information.
Sec. 14.
Minnesota Statutes 2022, section 15.0597, subdivision 6, is amended to read:
Subd. 6.
Appointments.
new text begin (a) new text end In making an appointment to a vacant agency position, the
appointing authority shall consider applications for positions in that agency supplied by the
secretary. No appointing authority may appoint someone to a vacant agency position until
deleted text begin (1) tendeleted text end new text begin fivenew text end days after receipt of the applications for positions in that agency from the
secretary deleted text begin or (2) receipt of notice from the secretary that no applications have been received
for vacant positions in that agencydeleted text end new text begin as provided in subdivision 5new text end . At least five days before
the date of appointment, the appointing authority shall issue a public announcement and
inform the secretary by electronic means of the name of the person the appointing authority
deleted text begin intends to appointdeleted text end new text begin has appointednew text end to fill the agency vacancy and the expiration date of that
person's term.
new text begin
(b) No person may serve in a position until the appointing authority has submitted either
(1) a signed notice of appointment, or (2) the documents required by paragraph (e) to the
secretary of state, and the term of the appointee may not commence on a date preceding the
date of the signature on the notice of appointment or the paragraph (e) submission.
new text end
new text begin
(c) An oath of office for each appointee to an agency must be submitted to the secretary
of state under section 358.05.
new text end
new text begin (d)new text end If the appointing authority intends to appoint a person other than one for whom an
application was submitted pursuant to this section, the appointing authority shall complete
an application form on behalf of the appointee and submit it to the secretary indicating on
the application that it is submitted by the appointing authority.
new text begin
(e) An appointing authority making a direct appointment must submit a letter to the
secretary of state stating the name of the person appointed, the agency and the specific seat
to which they are appointed, contact information, the date on which the term begins, and
length of the term.
new text end
new text begin
(f) No person may simultaneously occupy more than one position on the same agency
board. Appointment or designation of a member as chair of an agency does not constitute
a violation of this paragraph.
new text end
Sec. 15.
Minnesota Statutes 2022, section 15.066, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Advice and consent time limit. new text end
new text begin
If the senate does not reject an appointment
within 60 legislative days of the day of receipt of the letter of appointment by the president
of the senate, the senate has consented to the appointment. No person shall serve as a
permanent commissioner or acting commissioner for an agency after the senate has voted
to refuse to consent to the person's appointment as permanent commissioner of that agency
during the same senate term in which the senate refused its consent.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2022, section 15A.0825, subdivision 1, is amended to read:
Subdivision 1.
Membership.
(a) The Legislative Salary Council consists of the following
members:
(1) one person, who is not a judge, from each congressional district, appointed by the
chief justice of the supreme court; and
(2) one person from each congressional district, appointed by the governor.
(b) If Minnesota has an odd number of congressional districts, the governor and the chief
justice must each appoint an at-large member, in addition to a member from each
congressional district.
(c) One-half of the members appointed by the governor and one-half of the members
appointed by the chief justice must belong to the political party that has the most members
in the legislature. One-half of the members appointed by the governor and one-half of the
members appointed by the chief justice must belong to the political party that has the second
most members in the legislature.
(d) None of the members of the council may be:
(1) a current or former legislator, or the spouse of a current legislator;
(2) a current or former lobbyist registered under Minnesota law;
(3) a current employee of the legislature;
(4) a current or former judge; deleted text begin or
deleted text end
(5) a current or former governor, lieutenant governor, attorney general, secretary of state,
or state auditordeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) a current employee of an entity in the executive or judicial branch.
new text end
Sec. 17.
Minnesota Statutes 2022, section 15A.0825, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Initial appointmentdeleted text end new text begin Appointmentsnew text end ; convening authority; first meetingnew text begin in
odd-numbered yearnew text end .
Appointing authorities must make their deleted text begin initialdeleted text end appointments deleted text begin by January
2, 2017deleted text end new text begin after the first Monday in January and before January 15 in each odd-numbered year.
Appointing authorities who determine that a vacancy exists under subdivision 3, paragraph
(b), must make an appointment to fill that vacancy by January 15 in each odd-numbered
yearnew text end . The governor shall designate one member to convene and chair the first meeting of
the councilnew text begin , that must occur by February 15 of each odd-numbered yearnew text end . deleted text begin The first meeting
must be before January 15, 2017.deleted text end At its first meeting, the council must elect a chair from
among its members. deleted text begin Members that reside in an even-numbered congressional district serve
a first term ending January 15, 2019. Members residing in an odd-numbered congressional
district serve a first term ending January 15, 2021.
deleted text end
Sec. 18.
Minnesota Statutes 2022, section 15A.0825, subdivision 3, is amended to read:
Subd. 3.
Terms.
(a) Except deleted text begin for initial terms anddeleted text end for the first term following redistricting,
a term is four years or until new appointments are made after congressional redistricting as
provided in subdivision 4. Members may serve no more than two full terms or portions of
two consecutive terms.
(b) If a member ceases to reside in the congressional district that the member resided in
at the time of appointment as a result of moving or redistricting, the appointing authority
who appointed the member must appoint a replacement who resides in the congressional
district to serve the unexpired term.
Sec. 19.
Minnesota Statutes 2022, section 15A.0825, subdivision 4, is amended to read:
Subd. 4.
Appointments following redistricting.
Appointing authorities shall make
appointments deleted text begin within three monthsdeleted text end after a congressional redistricting plan is adopted.
new text begin Appointing authorities shall make appointments in accordance with the timing requirements
in subdivision 2. new text end Members that reside in an even-numbered district shall be appointed to a
term of two years following redistricting. Members that reside in an odd-numbered district
shall be appointed to a term of four years following redistricting.
Sec. 20.
Minnesota Statutes 2022, section 16A.055, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Grant acceptance. new text end
new text begin
The commissioner may apply for and receive grants from
any source for the purpose of fulfilling any of the duties of the department. All funds received
under this subdivision are appropriated to the commissioner for the purposes for which the
funds are received.
new text end
Sec. 21.
Minnesota Statutes 2022, section 16A.15, subdivision 3, is amended to read:
Subd. 3.
Allotment and encumbrance.
(a) A payment may not be made without prior
obligation. An obligation may not be incurred against any fund, allotment, or appropriation
unless the commissioner has certified a sufficient unencumbered balance or the accounting
system shows sufficient allotment or encumbrance balance in the fund, allotment, or
appropriation to meet it. The commissioner shall determine when the accounting system
may be used to incur obligations without the commissioner's certification of a sufficient
unencumbered balance. An expenditure or obligation authorized or incurred in violation of
this chapter is invalid and ineligible for payment until made valid. A payment made in
violation of this chapter is illegal. An employee authorizing or making the payment, or
taking part in it, and a person receiving any part of the payment, are jointly and severally
liable to the state for the amount paid or received. If an employee knowingly incurs an
obligation or authorizes or makes an expenditure in violation of this chapter or takes part
in the violation, the violation is just cause for the employee's removal by the appointing
authority or by the governor if an appointing authority other than the governor fails to do
so. In the latter case, the governor shall give notice of the violation and an opportunity to
be heard on it to the employee and to the appointing authority. A claim presented against
an appropriation without prior allotment or encumbrance may be made valid on investigation,
review, and approval by the agency head in accordance with the commissioner's policy, if
the services, materials, or supplies to be paid for were actually furnished in good faith
without collusion and without intent to defraud. The commissioner may then pay the claim
just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and supplies in excess of the
obligation amount when increases are authorized by section 16C.03, subdivision 3.
(c) To minimize potential construction delay claims, an agency with a project funded
by a building appropriation may allow a new text begin consultant or new text end contractor to proceed with
supplemental work within the limits of the appropriation before money is encumbered.
Under this circumstance, the agency may requisition funds and allow new text begin consultants or
new text end contractors to expeditiously proceed with new text begin services or new text end a construction sequence. While the
new text begin consultant or new text end contractor is proceeding, the agency shall immediately act to encumber the
required funds.
Sec. 22.
Minnesota Statutes 2022, section 16A.632, subdivision 2, is amended to read:
Subd. 2.
Standards.
(a) Article XI, section 5, clause (a), of the constitution states general
obligation bonds may be issued to finance only the acquisition or betterment of state land,
buildings, and improvements of a capital nature. In interpreting this and applying it to the
purposes of the program contemplated in this section, the following standards are adopted
for the disbursement of money from the capital asset preservation and replacement accountdeleted text begin :deleted text end new text begin .
new text end
(b) deleted text begin Nodeleted text end new text begin An appropriation under this section may not be used to acquirenew text end new landdeleted text begin ,deleted text end new text begin ornew text end
buildingsdeleted text begin , or major new improvements will be acquired. These projects, including all capital
expenditures required to permit their effective use for the intended purpose on completion,
will be estimated and provided for individually through a direct appropriation for each
projectdeleted text end new text begin or to construct new buildings or additionsnew text end .
(c) An expenditure will be made from the account only when it is a capital expenditure
on a capital asset previously owned by the state, within the meaning of accepted accounting
principles as applied to public expenditures. The commissioner of administration will consult
with the commissioner of management and budget to the extent necessary to ensure this
and will furnish the commissioner of management and budget a list of projects to be financed
from the account in order of their priority. The commissioner shall also furnish each revision
of the list. The legislature assumes that many provisions for preservation and replacement
of portions of existing capital assets will constitute betterments and capital improvements
within the meaning of the constitution and capital expenditures under correct accounting
principles, and will be financed more efficiently and economically under the program than
by direct appropriations for specific projects. However, the purpose of the program is to
accumulate data showing how additional costs may be saved by appropriating money from
the general fund for preservation measures, the necessity of which is predictable over short
periods.
(d) The commissioner of administration will furnish instructions to agencies to apply
for funding of capital expenditures for preservation and replacement from the account, will
review applications, will make initial allocations among types of eligible projects enumerated
below, will determine priorities, and will allocate money in priority order until the available
appropriation has been committed.new text begin An appropriation under this section may not be used to
make minor emergency repairs.
new text end
(e) Categories of projects considered likely to be most needed and appropriate for
financing are the following:
(1) unanticipated emergencies of all kindsdeleted text begin , for which a relatively small amount should
be initially reserved, replaced from money allocated to low-priority projects, if possible, as
emergencies occur, and used for stabilization rather than replacement if the cost would
exhaust the account and should be specially appropriateddeleted text end new text begin involving impacts to state-owned
propertynew text end ;
(2) new text begin major new text end projects to deleted text begin removedeleted text end new text begin addressnew text end life safety deleted text begin hazards, likedeleted text end new text begin for existing buildings and
sites, including but not limited to security,new text end replacement of mechanicalnew text begin and other buildingnew text end
systems, building code violations, or structural defectsdeleted text begin , at costs not large enough to require
major capital requests to the legislaturedeleted text end ;
(3) deleted text begin eliminationdeleted text end new text begin removalnew text end or containment of hazardous substances like asbestos or PCBs;
(4) deleted text begin moderate cost replacementdeleted text end new text begin major projects to replacenew text end and repair deleted text begin ofdeleted text end roofs, windows,
tuckpointing, and structural members necessary to preserve the exterior and interior of
existing buildings; and
(5) up to ten percent of an appropriation awarded under this section may be used for
design costs for projects eligible to be funded from this account in anticipation of future
funding from the account.
Sec. 23.
Minnesota Statutes 2022, section 16B.307, subdivision 1, is amended to read:
Subdivision 1.
Standards.
(a) Article XI, section 5, clause (a), of the constitution requires
that state general obligation bonds be issued to finance only the acquisition or betterment
of public land, buildings, and other public improvements of a capital nature. Money
appropriated for asset preservation, whether from state bond proceeds or from other revenue,
is subject to the following additional limitations:
(b) An appropriation for asset preservation may not be used to acquire new land nor to
acquire or construct new buildingsdeleted text begin ,deleted text end new text begin ornew text end additions to buildingsdeleted text begin , or major new improvementsdeleted text end .
(c) An appropriation for asset preservation may be used only for a capital expenditure
on a capital asset previously owned by the state, within the meaning of generally accepted
accounting principles as applied to public expenditures. The commissioner of administration
will consult with the commissioner of management and budget to the extent necessary to
ensure this and will furnish the commissioner of management and budget a list of projects
to be financed from the account in order of their priority. The legislature assumes that many
projects for preservation and replacement of portions of existing capital assets will constitute
betterments and capital improvements within the meaning of the constitution and capital
expenditures under generally accepted accounting principles, and will be financed more
efficiently and economically under this section than by direct appropriations for specific
projects.
(d) Categories of projects considered likely to be most needed and appropriate for asset
preservation appropriations are the following:
(1) new text begin major new text end projects to deleted text begin removedeleted text end new text begin addressnew text end life safety hazardsdeleted text begin , likedeleted text end new text begin for existing buildings and
sites, including but not limited to security, new text end building code violationsnew text begin ,new text end or structural defects.
Notwithstanding paragraph (b), a project in this category may include an addition to an
existing building if it is a required component of the hazard deleted text begin removaldeleted text end new text begin abatementnew text end project;
(2) projects to eliminate or contain hazardous substances like asbestos or lead paint;
(3) major projects to new text begin address accessibility and building code violations; new text end replace or repair
roofs, windows, tuckpointing, mechanical deleted text begin ordeleted text end new text begin ,new text end electricalnew text begin , plumbing or other buildingnew text end systems,
utility infrastructure,new text begin andnew text end tunnelsdeleted text begin ,deleted text end new text begin ; makenew text end site deleted text begin renovationsdeleted text end new text begin improvementsnew text end necessary to support
building usedeleted text begin ,deleted text end new text begin ;new text end and new text begin repair new text end structural components necessary to preserve the exterior and interior
of existing buildings; and
(4)new text begin majornew text end projects to deleted text begin renovatedeleted text end new text begin repairnew text end parking deleted text begin structuresdeleted text end new text begin facilities and surface lotsnew text end .
(e) Up to ten percent of an appropriation subject to this section may be used for design
costs for projects eligible to be funded under this section in anticipation of future asset
preservation appropriations.
Sec. 24.
Minnesota Statutes 2022, section 16B.33, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given them:
(b) "Agency" has the meaning given in section 16B.01.
(c) "Architect" means an architect or landscape architect registered to practice under
sections 326.02 to 326.15.
(d) "Board" means the state Designer Selection Board.
(e) "Design-build" means the process of entering into and managing a single contract
between the commissioner and the design-builder in which the design-builder agrees to
both design and construct a project as specified in the contract at a guaranteed maximum
or a fixed price.
(f) "Design-builder" means a person who proposes to design and construct a project in
accordance with the requirements of section 16C.33.
(g) "Designer" means an architect or engineer, or a partnership, association, or corporation
comprised primarily of architects or engineers or of both architects and engineers.
(h) "Engineer" means an engineer registered to practice under sections 326.02 to 326.15.
(i) "Person" includes an individual, corporation, partnership, association, or any other
legal entity.
(j) "Primary designer" means the designer who is to have primary design responsibility
for a project, and does not include designers who are merely consulted by the user agency
and do not have substantial design responsibility, or designers who will or may be employed
or consulted by the primary designer.
(k) "Project" means an undertaking to construct, erect, or remodel a building by or for
the state or an agency.new text begin Capital projects exempt from the requirements of this section include
demolition or decommissioning of state assets; hazardous materials abatement; repair and
replacement of utility infrastructure, parking lots, and parking structures; security upgrades;
building systems replacement or repair, including alterations to building interiors needed
to accommodate the systems; and other asset preservation work not involving remodeling
of occupied space.
new text end
(l) "User agency" means the agency undertaking a specific project. For projects
undertaken by the state of Minnesota, "user agency" means the Department of Administration
or a state agency with an appropriate delegation to act on behalf of the Department of
Administration.
Sec. 25.
Minnesota Statutes 2022, section 16B.33, subdivision 3, is amended to read:
Subd. 3.
Agencies must request designer.
(a) Application. Upon undertaking a project
with an estimated cost greater than deleted text begin $2,000,000deleted text end new text begin $4,000,000new text end or a planning project with
estimated fees greater than deleted text begin $200,000deleted text end new text begin $400,000new text end , every user agency, except the Capitol Area
Architectural and Planning Board, shall submit a written request for a primary designer for
its project to the commissioner, who shall forward the request to the board. The University
of Minnesota and the Minnesota State Colleges and Universities shall follow the process
in subdivision 3a to select designers for their projects. The written request must include a
description of the project, the estimated cost of completing the project, a description of any
special requirements or unique features of the proposed project, and other information which
will assist the board in carrying out its duties and responsibilities set forth in this section.
(b) Reactivated project. If a project for which a designer has been selected by the board
becomes inactive, lapses, or changes as a result of project phasing, insufficient appropriations,
or other reasons, the commissioner, the Minnesota State Colleges and Universities, or the
University of Minnesota may, if the project is reactivated, retain the same designer to
complete the project.
(c) Fee limit reached after designer selected. If a project initially estimated to be below
the cost and planning fee limits of this subdivision has its cost or planning fees revised so
that the limits are exceeded, the project must be referred to the board for designer selection
even if a primary designer has already been selected. In this event, the board may, without
conducting interviews, elect to retain the previously selected designer if it determines that
the interests of the state are best served by that decision and shall notify the commissioner
of its determination.
Sec. 26.
Minnesota Statutes 2022, section 16B.33, subdivision 3a, is amended to read:
Subd. 3a.
Higher education projects.
(a) When the University of Minnesota or the
Minnesota State Colleges and Universities undertakes a project involving construction or
major remodeling, as defined in section 16B.335, subdivision 1, with an estimated cost
greater than deleted text begin $2,000,000deleted text end new text begin $4,000,000new text end or a planning project with estimated fees greater than
deleted text begin $200,000deleted text end new text begin $400,000new text end , the system shall submit a written request for a primary designer to the
commissioner, as provided in subdivision 3.
(b) When the University of Minnesota or the Minnesota State Colleges and Universities
undertakes a project involving renovation, repair, replacement, or rehabilitation, the system
office may submit a written request for a primary designer to the commissioner as provided
in subdivision 3.
(c) For projects at the University of Minnesota or the State Colleges and Universities,
the board shall select at least two primary designers under subdivision 4 for recommendation
to the Board of Regents or the Board of Trustees. Meeting records or written evaluations
that document the final selection are public records. The Board of Regents or the Board of
Trustees shall notify the commissioner of the designer selected from the recommendations.
Sec. 27.
Minnesota Statutes 2022, section 16B.33, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Rate of inflation. new text end
new text begin
No later than December 31 of every fifth year starting in
2025, the commissioner shall determine the percentage increase in the rate of inflation, as
measured by the Means Quarterly Construction Cost Index, during the four-year period
preceding that year. The thresholds in subdivisions 3, paragraph (a); and 3a, paragraph (a),
shall be increased by the percentage calculated by the commissioner to the nearest
ten-thousandth dollar.
new text end
Sec. 28.
new text begin
[16B.361] OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
new text end
new text begin Subdivision 1. new text end
new text begin Duties of the office. new text end
new text begin
The commissioner of administration shall maintain
the Office of Collaboration and Dispute Resolution within the Department of Administration.
The office must:
new text end
new text begin
(1) assist state agencies; offices of the executive, legislative, and judicial branches; Tribal
governments; and units of local government in improving collaboration, dispute resolution,
and public engagement;
new text end
new text begin
(2) promote and utilize collaborative dispute resolution models and processes based on
documented best practices to foster trust, relationships, mutual understanding,
consensus-based resolutions, and wise and durable solutions, including but not limited to:
new text end
new text begin
(i) using established criteria and procedures for identifying and assessing collaborative
dispute resolution projects;
new text end
new text begin
(ii) designing collaborative dispute resolution processes;
new text end
new text begin
(iii) preparing and training participants; and
new text end
new text begin
(iv) facilitating meetings and group processes using collaborative techniques and
approaches;
new text end
new text begin
(3) support collaboration and dispute resolution in the public and private sectors by
providing technical assistance and information on best practices and new developments in
dispute resolution fields;
new text end
new text begin
(4) build capacity and educate the public and government entities on collaboration,
dispute resolution approaches, and public engagement;
new text end
new text begin
(5) promote the broad use of community mediation in the state; and
new text end
new text begin
(6) ensure that all areas of the state have access to services by providing grants to private
nonprofit entities certified by the state court administrator under chapter 494 that assist in
resolution of disputes.
new text end
new text begin Subd. 2. new text end
new text begin Awarding grants to assist in resolution of disputes. new text end
new text begin
(a) The commissioner
shall, to the extent funds are appropriated for this purpose, make grants to private nonprofit
community mediation entities certified by the state court administrator under chapter 494
that assist in resolution of disputes under subdivision 1, clause (6). The commissioner shall
establish a grant review committee to assist in the review of grant applications and the
allocation of grants under this section.
new text end
new text begin
(b) To be eligible for a grant under this section, a nonprofit organization must meet the
requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
new text end
new text begin
(c) A nonprofit entity receiving a grant must agree to comply with guidelines adopted
by the state court administrator under section 494.015, subdivision 1. Policies adopted under
sections 16B.97 and 16B.98 apply to grants under this section. The exclusions in section
494.03 apply to grants under this section.
new text end
new text begin
(d) Grantees must report data required under chapter 494 to evaluate quality and
outcomes.
new text end
new text begin Subd. 3. new text end
new text begin Accepting funds. new text end
new text begin
The commissioner may apply for and receive money made
available from federal, state, or other sources for the purposes of carrying out the mission
of the Office of Collaboration and Dispute Resolution. Funds received under this subdivision
are appropriated to the commissioner for their intended purpose.
new text end
Sec. 29.
new text begin
[16B.372] ENVIRONMENTAL SUSTAINABILITY GOVERNMENT
OPERATIONS; OFFICE CREATED.
new text end
new text begin Subdivision 1. new text end
new text begin Enterprise sustainability. new text end
new text begin
(a) The Office of Enterprise Sustainability is
established to assist all state agencies in making measurable progress toward improving the
sustainability of government operations by reducing the impact on the environment,
controlling unnecessary waste of natural resources and public funds, and spurring innovation.
The office shall create new tools and share best practices, assist state agencies to plan for
and implement improvements, and monitor progress toward achieving intended outcomes.
Specific duties include but are not limited to:
new text end
new text begin
(1) managing a sustainability metrics and reporting system, including a public dashboard
that allows Minnesotans to track progress and is updated annually;
new text end
new text begin
(2) assisting agencies in developing and executing sustainability plans; and
new text end
new text begin
(3) implementing the state building energy conservation improvement revolving loan
in Minnesota Statutes, sections 16B.86 and 16B.87.
new text end
new text begin Subd. 2. new text end
new text begin State agency responsibilities. new text end
new text begin
Each cabinet-level agency is required to
participate in the sustainability effort by developing a sustainability plan and by making
measurable progress toward improving associated sustainability outcomes. State agencies
and boards that are not members of the cabinet shall take steps toward improving
sustainability outcomes; however, they are not required to participate at the level of
cabinet-level agencies.
new text end
new text begin Subd. 3. new text end
new text begin Local governments. new text end
new text begin
The Office of Enterprise Sustainability shall make
reasonable attempts to share tools and best practices with local governments.
new text end
Sec. 30.
Minnesota Statutes 2022, section 16B.58, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Electric vehicle charging. new text end
new text begin
The commissioner shall require that a user of a
charging station located on the State Capitol complex used to charge an electric vehicle pay
an electric service fee as determined by the commissioner.
new text end
Sec. 31.
Minnesota Statutes 2022, section 16C.10, subdivision 2, is amended to read:
Subd. 2.
Emergency acquisition.
The solicitation process described in this chapternew text begin and
chapter 16Bnew text end is not required in emergencies. In emergencies, the commissioner may make
new text begin or authorize new text end any purchases necessary for thenew text begin design, construction,new text end repair, rehabilitation, and
improvement of a deleted text begin state-owneddeleted text end new text begin publicly ownednew text end structure or maynew text begin make ornew text end authorize an agency
to do so and may purchase, or may authorize an agency to purchase, new text begin any new text end goods, services,
or utility services directly for immediate use.new text begin This provision applies to projects conducted
by Minnesota State Colleges and Universities.
new text end
Sec. 32.
Minnesota Statutes 2022, section 16C.251, is amended to read:
16C.251 BEST AND FINAL OFFER.
A "best and final offer" solicitation process may not be used for building and construction
contractsnew text begin awarded based on competitive bidsnew text end .
Sec. 33.
Minnesota Statutes 2022, section 16C.32, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in sections 16C.32 to 16C.35, the following terms
have the meanings given them, unless the context clearly indicates otherwise:
(1) "acceptance" means a formal resolution of the commissioner authorizing the execution
of a design-build, construction manager at risk, or job order contracting contract;
(2) "agency" means any state officer, employee, board, commission, authority,
department, or other agency of the executive branch of state government. Unless specifically
indicated otherwise, as used in sections 16C.32 to 16C.35, agency also includes the Minnesota
State Colleges and Universities;
(3) "architect" means an architect or landscape architect registered to practice under
sections 326.02 to 326.15;
(4) "board" means the state Designer Selection Board, unless the estimated cost of the
project is less than deleted text begin $2,000,000deleted text end new text begin the amount specified in section 16B.33, subdivision 3new text end , in
which case the commissioner may act as the board;
(5) "Capitol Area Architectural and Planning Board" means the board established to
govern the Capitol Area under chapter 15B;
(6) "commissioner" means the commissioner of administration or the Board of Trustees
of the Minnesota State Colleges and Universities, whichever controls a project;
(7) "construction manager at risk" means a person who is selected by the commissioner
to act as a construction manager to manage the construction process, which includes, but
is not limited to, responsibility for the price, schedule, and workmanship of the construction
performed in accordance with the procedures of section 16C.34;
(8) "construction manager at risk contract" means a contract for construction of a project
between a construction manager at risk and the commissioner, which contract shall include
a guaranteed maximum price, construction schedule, and workmanship of the construction
performed;
(9) "design-build contract" means a contract between the commissioner and a
design-builder to furnish the architectural, engineering, and related design services as well
as the labor, materials, supplies, equipment, and construction services for a project;
(10) "design and price-based proposal" means the proposal to be submitted by a
design-builder in the design and price-based selection process, as described in section
16C.33, which proposal meets the requirements of section 16C.33, subdivision 7, paragraph
(c), in such detail as required in the request for proposals;
(11) "design and price-based selection" means the selection of a design-builder as
described in section 16C.33, subdivision 8;
(12) "design criteria package" means performance criteria prepared by a design criteria
professional who shall be either an employee of the commissioner or shall be selected in
compliance with section 16B.33, 16C.08, or 16C.087;
(13) "design criteria professional" means a person licensed under chapter 326, or a person
who employs an individual or individuals licensed under chapter 326, required to design a
project, and who is employed by or under contract to the commissioner to provide
professional, architectural, or engineering services in connection with the preparation of
the design criteria package;
(14) "guaranteed maximum price" means the maximum amount that a design-builder,
construction manager at risk, or subcontractor will be paid pursuant to a contract to perform
a defined scope of work;
(15) "guaranteed maximum price contract" means a contract under which a design-builder,
construction manager, or subcontractor is paid on the basis of their actual cost to perform
the work specified in the contract plus an amount for overhead and profit, the sum of which
must not exceed the guaranteed maximum price set forth in the contract;
(16) "job order contracting" means a project delivery method that requests a limited
number of bids from a list of qualified contractors, selected from a registry of qualified
contractors who have been prescreened and who have entered into master contracts with
the commissioner, as provided in section 16C.35;
(17) "past performance" or "experience" does not include the exercise or assertion of a
person's legal rights;
(18) "person" includes an individual, corporation, partnership, association, or any other
legal entity;
(19) "project" means an undertaking to construct, alter, or enlarge a building, structure,
or other improvements, except highways and bridges, by or for the state or an agency;
(20) "qualifications-based selection" means the selection of a design-builder as provided
in section 16C.33;
(21) "request for qualifications" means the document or publication soliciting
qualifications for a design-build, construction manager at risk, or job order contracting
contract as provided in sections 16C.33 to 16C.35;
(22) "request for proposals" means the document or publication soliciting proposals for
a design-build or construction manager at risk contract as provided in sections 16C.33 and
16C.34; and
(23) "trade contract work" means the furnishing of labor, materials, or equipment by
contractors or vendors that are incorporated into the completed project or are major
components of the means of construction. Work performed by trade contractors involves
specific portions of the project, but not the entire project.
Sec. 34.
Minnesota Statutes 2022, section 16C.36, is amended to read:
16C.36 REORGANIZATION SERVICES UNDER MASTER CONTRACT.
The commissioner of administration must make available under a master contract program
a list of eligible contractors who can assist state agencies in using data analytics to:
(1) accomplish agency reorganization along service rather than functional lines in order
to provide more efficient and effective service; and
(2) bring about internal reorganization of management functions in order to flatten the
organizational structure by requiring that decisions are made closer to the service needed,
eliminating redundancies, and optimizing the span of control ratios to public and private
sector industry benchmarks.
deleted text begin
The commissioner of administration must report to the legislature by January 15, 2013,
and January 15, 2014, on state agency use of eligible contractors under this section, and on
improvements in efficiency and effectiveness, including the contract oversight process, of
state services as a result of services provided by contractors.
deleted text end
Sec. 35.
Minnesota Statutes 2022, section 43A.01, subdivision 2, is amended to read:
Subd. 2.
Precedence of merit principles and nondiscrimination.
It is the policy of
this state to provide for equal employment opportunity consistent with chapter 363A by
ensuring that all personnel actions be based on the ability to perform the duties and
responsibilities assigned to the position without regard to age, race, creed or religion, color,
disability, sex, national origin, marital status, status with regard to public assistance, or
political affiliation. It is the policy of this state to take affirmative action to eliminate the
underutilization of qualified members of protected groups in the civil service, where such
action is not in conflict with other provisions of this chapter or chapter 179, in order to
correct imbalances and eliminate the deleted text begin presentdeleted text end effects of deleted text begin pastdeleted text end discriminationnew text begin and support full
and equal participation in the social and economic life in the state. Managers and supervisors
that are responsible for hiring must be made aware of bias that can be present in the hiring
processnew text end .
No contract executed pursuant to chapter 179A shall modify, waive or abridge this
section and sections 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent
expressly permitted in those sections.
Sec. 36.
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Accommodation fund. new text end
new text begin
"Accommodation fund" means the fund created under
section 16B.4805 for reimbursing state agencies for eligible expenses incurred in providing
reasonable accommodations to state employees with disabilities.
new text end
Sec. 37.
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Americans with Disabilities Act. new text end
new text begin
"Americans With Disabilities Act" or
"ADA" means the Americans with Disabilities Act of 1990, as amended, United States
Code, title 42, sections 12101 to 12117.
new text end
Sec. 38.
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 18a. new text end
new text begin Digital accessibility. new text end
new text begin
"Digital accessibility" means information and
communication technology, including products, devices, services, and content that are
designed and built so people with disabilities can use or participate in them, as defined by
the accessibility standard adopted under section 16E.03, subdivision 9. Any statutory
reference to accessible or accessibility in the context of information and communication
technology includes digital accessibility.
new text end
Sec. 39.
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 35a. new text end
new text begin Reasonable accommodation. new text end
new text begin
"Reasonable accommodation" has the meaning
given under section 363A.08, subdivision 6.
new text end
Sec. 40.
Minnesota Statutes 2022, section 43A.04, subdivision 1a, is amended to read:
Subd. 1a.
Mission; efficiency.
It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of
other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public
participation in the business of government;
new text begin
(5) ensure that all technology utilized is accessible to employees and provided in a timely
manner as described in sections 363A.42 and 363A.43 and the accessibility standards under
section 16E.03, subdivisions 2, clause (3), and 9;
new text end
deleted text begin (5)deleted text end new text begin (6)new text end utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;
deleted text begin (6)deleted text end new text begin (7)new text end report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1; deleted text begin and
deleted text end
deleted text begin (7)deleted text end new text begin (8)new text end recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the departmentdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) use equitable and inclusive practices to attract and recruit protected class employees;
actively eliminate discrimination against protected group employees; and ensure equitable
access to development and training, advancement, and promotional opportunities.
new text end
Sec. 41.
Minnesota Statutes 2022, section 43A.04, subdivision 4, is amended to read:
Subd. 4.
Administrative procedures.
The commissioner shall develop administrative
procedures, which are not subject to the rulemaking provisions of the Administrative
Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
of or processes available to the general public. The commissioner may also adopt
administrative procedures, not subject to the Administrative Procedure Act, which concern
topics affecting the general public if those procedures concern only the internal management
of the department or other agencies and if those elements of the topics which affect the
general public are the subject of department rules.
Administrative procedures shall be reproduced and made available for commentnew text begin in
accessible digital formats under section 16E.03new text end to agencies, employees, and appropriate
exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
days prior to implementation and shall include but are not limited to:
(1) maintenance and administration of a plan of classification for all positions in the
classified service and for comparisons of unclassified positions with positions in the classified
service;
(2) procedures for administration of collective bargaining agreements and plans
established pursuant to section 43A.18 concerning total compensation and the terms and
conditions of employment for employees;
(3) procedures for effecting all personnel actions internal to the state service such as
processes and requirements for agencies to publicize job openings and consider applicants
who are referred or nominate themselves, conduct of selection procedures limited to
employees, noncompetitive and qualifying appointments of employees and leaves of absence;
(4) maintenance and administration of employee performance appraisal, training and
other programs; and
(5) procedures for pilots of the reengineered employee selection process. Employment
provisions of this chapter, associated personnel rules adopted under subdivision 3, and
administrative procedures established under clauses (1) and (3) may be waived for the
purposes of these pilots. The pilots may affect the rights of and processes available to
members of the general public seeking employment in the classified service. The
commissioner will provide public notice of any pilot directly affecting the rights of and
processes available to the general public and make the administrative procedures available
for comment to the general public, agencies, employees, and appropriate exclusive
representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
to implementation.new text begin The public notice must be provided in an accessible digital format under
section 16E.03. The process for providing comment shall include multiple formats to ensure
equal access, including via telephone, digital content, and email.
new text end
Sec. 42.
Minnesota Statutes 2022, section 43A.04, subdivision 7, is amended to read:
Subd. 7.
Reporting.
The commissioner shall issue a written report by February 1 and
August 1 of each year to the chair of the Legislative Coordinating Commission. The report
must list the number of appointments made under each of the categories in section 43A.15,
the number made to the classified service other than under section 43A.15, and the number
made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
and December 31, respectively.new text begin The report must be posted online and must be accessible
under section 16E.03. The commissioner shall advertise these reports in multiple formats
to ensure broad dissemination.
new text end
Sec. 43.
Minnesota Statutes 2022, section 43A.06, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) The commissioner shall perform the duties assigned to the
commissioner by new text begin this section and new text end sections 3.855deleted text begin ,deleted text end new text begin andnew text end 179A.01 to 179A.25 deleted text begin and this sectiondeleted text end .
(b) The commissioner shall be the state labor negotiator for purposes of negotiating and
administering agreements with exclusive representatives of employees and shall perform
any other duties delegated by the commissioner subject to the limitations in paragraph (c).
(c) The Board of Trustees of the Minnesota State Colleges and Universities may exercise
the powers under this section for employees included in the units provided in new text begin section
179A.10, subdivision 2, new text end clauses (9), (10), and (11) deleted text begin of section 179A.10, subdivision 2deleted text end , except
with respect to sections 43A.22 to 43A.31, which shall continue to be the responsibility of
the commissioner. The commissioner shall have the right to review and comment to the
Minnesota State Colleges and Universities on the board's final proposals prior to exchange
of final positions with the designated bargaining units as well as any requests for interest
arbitration. The legislature encourages the Board of Trustees, in coordination with the
commissioner of management and budget and the Board of Regents of the University of
Minnesota, to endeavor in collective bargaining negotiations to seek fiscal balance
recognizing the ability of the employer to fund the agreements or awards. deleted text begin When submitting
a proposed collective bargaining agreement to the Legislative Coordinating Commission
and the legislature under section 3.855, subdivision 2, the Board of Trustees must use
procedures and assumptions consistent with those used by the commissioner in calculating
the costs of the proposed contract. The Legislative Coordinating Commission must, when
considering a collective bargaining agreement or arbitration award submitted by the Board
of Trustees, evaluate market conditions affecting the employees in the bargaining unit,
equity with other bargaining units in the executive branch, and the ability of the trustees
and the state to fund the agreement or award.
deleted text end
Sec. 44.
Minnesota Statutes 2022, section 43A.09, is amended to read:
43A.09 RECRUITMENT.
The commissioner in cooperation with appointing authorities of all state agencies shall
maintain an active recruiting program publicly conducted and designed to attract sufficient
numbers of well-qualified people to meet the needs of the civil service, and to enhance the
image and public esteem of state service employment. Special emphasis shall be given to
recruitment of veterans and protected group membersnew text begin , including qualified individuals with
disabilities,new text end to assist state agencies in meeting affirmative action goals to achieve a balanced
work force.new text begin All technology and digital content related to recruiting and hiring shall be
accessible to people with disabilities.
new text end
Sec. 45.
Minnesota Statutes 2022, section 43A.10, subdivision 2a, is amended to read:
Subd. 2a.
Application requirements.
new text begin (a) new text end The commissioner shall establish and maintain
a database of applicants for state employment. The commissioner shall establish, publicize,
and enforce minimum requirements for deleted text begin application.deleted text end new text begin applications, and shall ensure that:
new text end
new text begin
(1) all postings shall be written so as to be relevant to the duties of the job and be
nondiscriminatory;
new text end
new text begin (2)new text end the appointing authority deleted text begin shall enforcedeleted text end new text begin enforcesnew text end the established minimum requirements
for applicationnew text begin ;
new text end
new text begin (3) the 700-hour on-the-job demonstration experience is considered an alternative,
noncompetitive hiring process for classified positions new text end for new text begin qualified new text end individuals deleted text begin who express
interest directly to the appointing authority.deleted text end new text begin with disabilities; and
new text end
new text begin
(4) hiring managers and others involved in the selection process are aware of the
accommodation fund under section 16B.4805 to ensure that people with disabilities obtain
timely and appropriate accommodations within the hiring process and the state agency can
request reimbursement.
new text end
new text begin
(b) The commissioner shall ensure that all online application processes and all digital
content relating to the database referenced in paragraph (a) shall be accessible for people
with disabilities.
new text end
Sec. 46.
Minnesota Statutes 2022, section 43A.10, subdivision 7, is amended to read:
Subd. 7.
Selection process accommodations.
Upon request, the commissioner or
appointing authority shall provide deleted text begin selection processdeleted text end new text begin reasonablenew text end accommodations to deleted text begin an
applicant with a disability that does not prevent performance of the duties of the position.
The accommodations must provide an opportunity to fairly assess the ability of the applicant
to perform the duties of the position notwithstanding the disability but must preserve, to the
extent feasible, the validity of the selection process and equitable comparison of results
with the results of competitors withoutdeleted text end new text begin qualified applicants withnew text end disabilitiesdeleted text begin .deleted text end new text begin to ensure full
participation in the selection process, including use of the accommodation fund under section
16B.4805 during the selection process. The commissioner must ensure that agencies are
made aware of the accommodation fund and the fund's critical function of removing cost
considerations from interview selection decisions.
new text end
Sec. 47.
Minnesota Statutes 2022, section 43A.14, is amended to read:
43A.14 APPOINTMENTS.
All appointments to the classified service shall be based upon merit and ability to perform
the duties of the position and the needs of the employing agency, including the need to
achieve and maintain a representative work forcenew text begin , including representation of people with
disabilitiesnew text end . For employees in a bargaining unit as defined in section 179A.10 appointments
shall be subject to applicable provisions of collective bargaining agreements.
Sec. 48.
Minnesota Statutes 2022, section 43A.15, subdivision 14, is amended to read:
Subd. 14.
new text begin 700-hour new text end on-the-job demonstration deleted text begin process and appointmentdeleted text end new text begin
experiencenew text end .
(a) The commissioner shall deleted text begin establishdeleted text end new text begin consult with the Department of Employment
and Economic Development's Vocational Rehabilitation Services and State Services for the
Blind and other disability experts in establishing, reviewing, and modifying thenew text end qualifying
procedures for applicants whose disabilities are of such a significant nature that the applicants
are unable to demonstrate their abilities in the selection process. The qualifying procedures
must consist of up to 700 hours of on-the-job deleted text begin trial workdeleted text end new text begin demonstrationnew text end experience. deleted text begin Up to
three persons with significant disabilities and their job coach may be allowed to demonstrate
their job competence as a unit through the on-the-job trial work experience selection
procedure. Thisdeleted text end new text begin The 700-hournew text end on-the-job demonstration deleted text begin process must be limited to applicants
for whom there is no reasonable accommodation in the selection processdeleted text end new text begin experience is an
alternative, noncompetitive hiring process for qualified applicants with disabilities. All
permanent executive branch classified positions are eligible for a 700-hour on-the-job
demonstration experience and all permanent classified job postings must provide information
regarding the on-the-job demonstration overview and certification processnew text end .
(b) The commissioner may authorize the probationary appointment of an applicant based
on the request of the appointing authority that documents that the applicant has successfully
demonstrated qualifications for the position through completion of an on-the-job deleted text begin trial workdeleted text end new text begin
demonstrationnew text end experience. new text begin Qualified applicants should be converted to permanent,
probationary appointments at the point in the 700-hour on-the-job experience when they
have demonstrated the ability to perform the essential functions of the job with or without
reasonable accommodation. new text end The implementation of this subdivision may not be deemed a
violation of chapter 43A or 363A.
new text begin
(c) The commissioner and the ADA and disability employment director described in
section 43A.19, subdivision 1, paragraph (e), are responsible for the administration and
oversight of the 700-hour on-the-job demonstration experience, including the establishment
of policies and procedures, data collection and reporting requirements, and compliance.
new text end
new text begin
(d) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the 700-hour on-the-job demonstration experience. All executive
leaders, managers, supervisors, human resources professionals, affirmative action officers,
and ADA coordinators must receive annual training on the program.
new text end
new text begin
(e) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the 700-hour on-the-job
demonstration experience under this subdivision and the supported work program under
section 43A.421, subdivision 2.
new text end
new text begin
(f) Appointing agencies shall ensure that reasonable accommodation requests, including
accessible technology or alternative formats, are provided in a timely manner during the
application and hiring process and throughout the 700-hour on-the-job demonstration
experience period pursuant to sections 363A.42 and 363A.43 and the accessibility standards
under section 16E.03, subdivisions 2, clause (3), and 9.
new text end
Sec. 49.
Minnesota Statutes 2022, section 43A.15, is amended by adding a subdivision to
read:
new text begin Subd. 14a. new text end
new text begin Report and survey. new text end
new text begin
(a) The commissioner shall annually collect
enterprise-wide statistics on the 700-hour on-the-job demonstration experience under
subdivision 14. The statistics collected and reported annually must include:
new text end
new text begin
(1) the number of certifications submitted, granted, and rejected;
new text end
new text begin
(2) the number of applicants interviewed, appointed, and converted to probationary
status;
new text end
new text begin
(3) the number of employees retained after one year in state employment;
new text end
new text begin
(4) the number of employees with terminated appointments and the reason for termination;
new text end
new text begin
(5) the average length of time in an on-the-job demonstration appointment;
new text end
new text begin
(6) the number and category of entity certifications; and
new text end
new text begin
(7) by department or agency, the number of appointments and hires and the number of
managers and supervisors trained.
new text end
new text begin
(b) The commissioner shall develop and administer an annual survey of participants in
the 700-hour on-the-job demonstration experience who are hired and those who are not
hired, as well as the managers of participants in the 700-hour on-the-job demonstration
experience.
new text end
new text begin
(c) The commissioner must consult at least annually with the Department of Employment
and Economic Development's Vocational Rehabilitation Services and State Services for the
Blind and other disability experts to review the survey results, assess program satisfaction,
and recommend areas for continuous improvement.
new text end
new text begin
(d) The commissioner shall annually develop and publish a report on the department
website that includes the data described in paragraph (a), survey results described in
paragraph (b), and recommendations for continuous improvement described in paragraph
(c).
new text end
Sec. 50.
Minnesota Statutes 2022, section 43A.17, is amended by adding a subdivision to
read:
new text begin Subd. 13. new text end
new text begin Compensation for law enforcement officers. new text end
new text begin
(a) For purposes of this
subdivision, the term "law enforcement officers" means Minnesota State Patrol troopers,
Bureau of Criminal Apprehension agents, special agents in the Gambling Enforcement
Division of the Department of Public Safety, conservation officers, Department of Corrections
fugitive specialists, and Department of Commerce insurance fraud specialists.
new text end
new text begin
(b) When the commissioner of management and budget negotiates a collective bargaining
agreement establishing compensation for law enforcement officers, the commissioner must
use compensation based on compensation data from the most recent salary and benefits
survey conducted pursuant to section 299D.03, subdivision 2a. It is the legislature's intent
that the information in this study be used to compare salaries between the identified police
departments and the State Patrol and to make appropriate increases to patrol trooper salaries.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective the day following
final enactment and expires January 1, 2032. This section applies to contracts entered into
on or after the effective date but before January 1, 2032.
new text end
Sec. 51.
Minnesota Statutes 2022, section 43A.18, subdivision 1, is amended to read:
Subdivision 1.
Collective bargaining agreements.
Except as provided in section 43A.01
and to the extent they are covered by a collective bargaining agreement, the compensation,
terms and conditions of employment for all employees represented by an exclusive
representative certified pursuant to chapter 179A shall be governed solely by the collective
bargaining agreement executed by the parties deleted text begin and approved by the legislaturedeleted text end .
Sec. 52.
Minnesota Statutes 2022, section 43A.18, subdivision 9, is amended to read:
Subd. 9.
Summary information on website.
Before the commissioner submits a
proposed deleted text begin collective bargaining agreement, arbitration award, ordeleted text end compensation plan to the
Legislative Coordinating Commission for review under section 3.855, the commissioner
must post on a state website a summary of the deleted text begin proposed agreement, award, ordeleted text end plan. The
summary must include the amount of and nature of proposed changes in employee
compensation, the estimated cost to the state of proposed changes in employee compensation,
and a description of proposed significant changes in policy. After approval of deleted text begin an agreement,
award, ordeleted text end new text begin anew text end plan by the Legislative Coordinating Commission, the commissioner must
provide a link from the commissioner's summary to the full text of the deleted text begin agreement, award,
ordeleted text end plan. The summary must remain on the website at least until the full legislature has
approved the deleted text begin agreement, award, ordeleted text end plan. This section also applies to deleted text begin agreements, awards,
anddeleted text end plans covering employees of the Minnesota State Colleges and Universities and to
compensation plans that must be submitted to the Legislative Coordinating Commission by
other executive appointing authorities. The Minnesota State Colleges and Universities and
other executive appointing authorities must submit information to the commissioner, at a
time and in a manner specified by the commissioner, so the commissioner can post
information relating to these appointing authorities on the web as required by this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, for negotiated agreements
and arbitration decisions effective after July 1, 2023.
new text end
Sec. 53.
Minnesota Statutes 2022, section 43A.19, subdivision 1, is amended to read:
Subdivision 1.
Statewide affirmative action program.
(a) To deleted text begin assuredeleted text end new text begin ensurenew text end that positions
in the executive branch of the civil service are equally accessible to all qualified persons,
and to eliminate the deleted text begin underutilization of qualified members of protected groupsdeleted text end new text begin effects of
past and present discrimination, intended or unintended, on the basis of protected group
statusnew text end , the commissioner shall adopt and periodically revise, if necessary, a statewide
affirmative action program. The statewide affirmative action program must consist of at
least the following:
(1) objectives, goals, and policies;
(2) procedures, standards, and assumptions to be used by agencies in the preparation of
agency affirmative action plans, including methods by which goals and timetables are
established;
(3) the analysis of separation patterns to determine the impact on protected group
members; and
(4) requirements for annual objectives and submission of affirmative action progress
reports from heads of agencies.
new text begin
Agency heads must report the data in clause (3) to the state Director of Recruitment,
Retention, and Affirmative Action and the state ADA coordinator, in addition to being
available to anyone upon request. The commissioner of management and budget must
annually post the aggregate and agency-level reports under clause (4) on the agency website.
new text end
(b) The commissioner shall establish statewide affirmative action goals for each of the
federal Equal Employment Opportunity (EEO) occupational categories applicable to state
employment, using at least the following factors:
(1) the percentage of members of each protected class in the recruiting area population
who have the necessary skills; and
(2) the availability for promotion or transfer of current employees who are members of
protected classes.
(c) The commissioner may use any of the following factors in addition to the factors
required under paragraph (b):
(1) the extent of unemployment of members of protected classes in the recruiting area
population;
(2) the existence of training programs in needed skill areas offered by employing agencies
and other institutions; and
(3) the expected number of available positions to be filled.
(d) The commissioner shall designate a state director of diversity and equal employment
opportunity who may be delegated the preparation, revision, implementation, and
administration of the program. The commissioner of management and budget may place
the director's position in the unclassified service if the position meets the criteria established
in section 43A.08, subdivision 1a.
new text begin
(e) The commissioner shall designate a statewide ADA and disability employment
director who may be delegated the preparation, revision, implementation, evaluation, and
administration of the program. This position must administer the 700-hour on-the-job
demonstration experience under the supported work program and disabled veteran's
employment programs. The ADA and disability employment director shall have education,
knowledge, and skills in disability policy, employment, and the ADA. The commissioner
may place the director's position in the unclassified service if the position meets the criteria
established in section 43A.08, subdivision 1a.
new text end
new text begin
(f) Agency affirmative action plans, including reports and progress, must be posted on
the agency's public and internal websites within 30 days of being approved. The
commissioner of management and budget shall post a link to all executive branch
agency-approved affirmative action plans on the department public website. Accessible
copies of the affirmative action plan must be available to all employees and members of
the general public upon request.
new text end
Sec. 54.
Minnesota Statutes 2022, section 43A.191, is amended to read:
43A.191 AGENCY AFFIRMATIVE ACTION PROGRAMS.
Subdivision 1.
Affirmative action officers.
(a) Each agency with 1,000 employees or
more shall have at least one full-time affirmative action officer, who shall have primary
responsibility for developing and maintaining the agency's affirmative action plan. The
officer shall devote full time to affirmative action activities. The affirmative action officer
shall report administratively and on policy issues directly to the agency head.new text begin Pursuant to
section 43A.08, subdivision 1a, clause (4), the affirmative action officer must not be an
unclassified employee.
new text end
(b) The agency heads shall assign affirmative action officers or designees for agencies
with fewer than 1,000 employees. The designees shall report administratively and on policy
issues directly to the agency head.
(c) An agency may not use authority under section 43A.08, subdivision 1a, to place the
position of an agency affirmative action officer or designee in the unclassified service.
Subd. 2.
Agency affirmative action plans.
(a) The head of each agency in the executive
branch shall prepare and implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision of reasonable accommodation
in the hiring and promotion of qualified deleted text begin disableddeleted text end personsnew text begin with disabilitiesnew text end . The reasonable
accommodation plan must consist of at least the following:
(1) procedures for compliance with sections 16E.03, subdivision 9, 363A.08 to 363A.19,
and 363A.28, subdivision 10, and, where appropriate, regulations implementing United
States Code, title 29, section 794, as amended through December 31, 1984, which is section
504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act,
United States Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 401, 402, and 501
to 514;
(2) methods and procedures for providingnew text begin timely access tonew text end reasonable deleted text begin accommodation
for disabled job applicants, current employees, and employeesdeleted text end new text begin accommodations during the
application process, throughout current employment, and whennew text end seeking promotion;
(3) provisions for funding reasonable accommodations; and
(4) the number of requests made, the number of requests approved, and the number of
requests reimbursed from the state accommodation account under section 16B.4805.
(c) The agency plan must be prepared by the agency head with the assistance of the
agency affirmative action officer and the director of diversity and equal employment
opportunity. The agency may consult with the Council on Disability, vocational rehabilitation
services, state services for the blind, and other disability experts to review and make
recommendations on recruitment and retention of people with disabilities.
(d) The agency plan must identify any positions in the agency that can be used for
supported employment as defined in section 268A.01, subdivision 13, of persons with deleted text begin severedeleted text end new text begin
significantnew text end disabilities. The agency shall report this information to the commissioner. An
agency that hires more than one supported worker in the identified positions must receive
recognition for each supported worker toward meeting the agency's affirmative action goals
and objectives.
(e) An agency affirmative action plan may not be implemented without the
commissioner's approval.
new text begin Subd. 2a. new text end
new text begin Disability recruitment, hiring, and advancement. new text end
new text begin
(a) Each agency affirmative
action plan must include a section that provides sufficient assurances, procedures, and
commitments to provide adequate hiring, placement, and advancement opportunities for
individuals with disabilities at all levels of state employment. The criteria for this section
of the agency affirmative action plan must include a section on disability hiring and
advancement, including the provisions in this subdivision.
new text end
new text begin
(b) The plan must describe specific actions to ensure that a broad range of individuals
with disabilities will be aware of and be encouraged to apply for job vacancies when eligible.
The actions must include, at a minimum:
new text end
new text begin
(1) the use of programs and resources that identify job applicants with disabilities who
are eligible to be appointed under a hiring authority that takes disability into account,
consistent with the demonstration program under section 43A.15, subdivision 14. The
programs may include the Department of Employment and Economic Development's
Vocational Rehabilitation Services and State Services for the Blind that provide the
qualifications necessary for positions within the agency to individuals with disabilities.
Resources may include databases of individuals with disabilities who previously applied to
the agency but were not hired for the positions they applied for, and training and internship
programs that lead directly to employment for individuals with disabilities; and
new text end
new text begin
(2) establishment and maintenance of contacts, which may include formal agreements,
with organizations that specialize in providing assistance to individuals with disabilities in
securing and maintaining employment, such as the Department of Employment and Economic
Development's Vocational Rehabilitation Services, State Services for the Blind, community
rehabilitation programs, day training and habilitation programs, and employment network
service providers.
new text end
new text begin
(c) The plan must ensure that the agency has designated sufficient staff to handle any
disability-related issues that arise during the application and selection process, and shall
require the agency to provide staff with sufficient training, support, and other resources to
carry out the responsibilities under this section. Responsibilities include, at a minimum:
new text end
new text begin
(1) ensuring that disability-related questions from members of the public regarding the
agency's application and selection processes are answered promptly and correctly, including
questions about reasonable accommodations needed by job applicants during the application
and selection process and questions about how individuals may apply for positions under
hiring authorities that take disability into account;
new text end
new text begin
(2) processing requests for reasonable accommodations needed by job applicants during
the application and placement process and ensuring that the agency provides such
accommodations when required;
new text end
new text begin
(3) accepting applications for a position under hiring authorities that take disability into
account;
new text end
new text begin
(4) if an individual has applied for appointment to a particular position under a hiring
authority that takes disability into account, determining whether the individual is eligible
for appointment under such authority and, if so, forwarding the individual's application to
the relevant hiring officials with an explanation of how and when the individual may be
appointed, consistent with all applicable laws; and
new text end
new text begin
(5) overseeing any other agency programs designed to increase hiring of individuals
with disabilities.
new text end
Subd. 3.
Audits; sanctions and incentives.
(a) The commissioner shall annually audit
the record of each agency to determine the rate of compliance with affirmative action
requirements.new text begin The department must report all audit findings to the governor's office if a
state agency fails to meet any of its affirmative action requirements for two consecutive
years.
new text end
(b) By March 1 of each odd-numbered year, the commissioner shall submit a report on
affirmative action progress of each agency and the state as a whole to the governor and to
the Finance Committee of the senate, the Ways and Means Committee of the house of
representatives, the Governmental Operations Committees of both houses of the legislature,
and the Legislative Coordinating Commission. The report must include noncompetitive
appointments made under section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 7,
10, and 12, and cover each agency's rate of compliance with affirmative action requirements.new text begin
The report must be made available to the public on the department website.
new text end
(c) An agency that does not meet its hiring goals must justify its nonaffirmative action
hires in competitive appointments and noncompetitive appointments made under section
43A.08, subdivisions 1, clauses (9), (11), and (16), and 2a; and section 43A.15, subdivisions
3, 10, 12, and 13, according to criteria issued by the department deleted text begin of Management and Budgetdeleted text end .
In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected group members by following an
active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and procedures for measuring
compliance.
(e) An agency is encouraged to develop other innovative ways to promote awareness,
acceptance, and appreciation for diversity and affirmative action. These innovations will
be considered when evaluating an agency's compliance with this section.
(f) An agency not in compliance with affirmative action requirements of this section
must identify methods and programs to improve performance, to reallocate resources
internally in order to increase support for affirmative action programs, and to submit program
and resource reallocation proposals to the commissioner for approval. An agency must
submit these proposals within 120 days of being notified by the commissioner that it is out
of compliance with affirmative action requirements. The commissioner shall monitor
quarterly the affirmative action programs of an agency found to be out of compliance.
(g) The commissioner shall establish a program to recognize an agency that has made
significant and measurable progress in implementing an affirmative action plan.
(h) The commissioner must maintain and make available, on an annual basis, summary
data as defined in section 13.02, subdivision 19, on the percentage of members of each
protected group as defined in section 43A.02, subdivision 33, that were hired in the executive
branch in each of the federal Equal Employment Opportunity (EEO) occupational categories
applicable to state employment. Nothing in this provision, however, shall require any person
to disclose their protected group status, nor shall it require the commissioner or any
appointing authority to determine the protected group status of any person.
Sec. 55.
Minnesota Statutes 2022, section 43A.21, subdivision 1, is amended to read:
Subdivision 1.
Authority; purpose.
The commissionernew text begin , in coordination with the statewide
ADA and disability employment director and chief inclusion officer,new text end shall develop and
interpret policy and administer and, to the extent possible, conduct programs in training and
development for employees tonew text begin , at a minimum:
new text end
new text begin (1)new text end promote individual, group and agency efficiency and effectivenessdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) build employee capacity to deliver accessible and inclusive services to the public,
including people with disabilities; and
new text end
new text begin
(3) support an inclusive work environment for employees with disabilities and employees
of other protected classes.
new text end
Sec. 56.
Minnesota Statutes 2022, section 43A.21, subdivision 2, is amended to read:
Subd. 2.
Responsibilities.
new text begin (a) new text end The commissioner is responsible for developing and
coordinating consistent training policy which shall be binding on all state agencies in the
executive branch. The policies shall include conditions under which employees may receive
or be assigned to training; internships and work-training programs; minimum and maximum
training standards for employee participation and agency reporting requirements.new text begin At a
minimum, state employees must receive annual training on statutes or policies related to:
new text end
new text begin
(1) Title II of the Americans with Disabilities Act;
new text end
new text begin
(2) the state's affirmative action policy;
new text end
new text begin
(3) equal opportunity employment; and
new text end
new text begin
(4) digital accessibility standards.
new text end
new text begin (b)new text end Career development training is a permissive subject of collective bargaining. Each
appointing authority in the executive branch, including the Minnesota State Retirement
System and the Teachers Retirement Association, is primarily responsible for planning,
budgeting, conducting and evaluating training programs.
Sec. 57.
Minnesota Statutes 2022, section 43A.21, subdivision 3, is amended to read:
Subd. 3.
Programs.
new text begin (a) new text end The commissioner or the commissioner's designee shall design
and implement management training and development programs for the state service. The
programs shall include but not be limited to mandatory training and development
requirements for managers and supervisors. No person shall acquire permanent status in a
management or supervisory position in the classified service until training and development
requirements have been met.
new text begin
(b) All managers and supervisors must receive training on inclusive work environments,
disability awareness, cultural competence, and other equity and diversity areas.
new text end
new text begin
(c) Agencies shall conduct an annual Americans with Disabilities Act self-assessment
to ensure training programs meet the standards for universal design in learning.
new text end
Sec. 58.
Minnesota Statutes 2022, section 43A.21, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Accessibility. new text end
new text begin
The commissioner is responsible for ensuring that all training
content and platforms meet the accessibility standards under section 16E.03, subdivisions
2, clause (3), and 9. Reasonable accommodations must be implemented in a timely and
appropriate manner to ensure that all state employees can participate in state-offered trainings.
All state employees, including ADA coordinators and human resources staff, must have the
training and resources to implement an accessible and inclusive workplace.
new text end
Sec. 59.
Minnesota Statutes 2022, section 43A.36, subdivision 1, is amended to read:
Subdivision 1.
Cooperation; state agencies.
new text begin (a) new text end The commissioner may delegate
administrative functions associated with the duties of the commissioner to appointing
authorities who have the capability to perform such functions when the commissioner
determines that it is in the best interests of the state civil service. The commissioner shall
consult with agencies and agencies shall cooperate as appropriate in implementation of this
chapter.
new text begin (b) new text end The commissioner, in conjunction with appointing authorities, shall analyze and
assess current and future human resource requirements of the civil service and coordinate
personnel actions throughout the civil service to meet the requirements. The commissioner
shall provide recruiting assistance and make the applicant database available to appointing
authorities to use in making appointments to positions in the unclassified service.
new text begin (c) new text end The head of each agency in the executive branch shall designate an agency personnel
officer. The agency personnel officer shall be accountable to the agency head for all personnel
functions prescribed by laws, rules, collective bargaining agreements, the commissioner
and the agency head. Except when otherwise prescribed by the agency head in a specific
instance, the personnel officer shall be assumed to be the authority accountable to the agency
head over any other officer or employee in the agency for personnel functions.
new text begin (d) new text end The head of each agency in the executive branch shall designate an affirmative action
officer who shall have primary responsibility for the administration of the agency's
affirmative action plan. The officer shall report directly to the head of the agency on
affirmative action matters.
new text begin
(e) Pursuant to section 43A.431, the head of each agency in the executive branch shall
designate an ADA coordinator who shall have primary responsibility for the administration
of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall
report directly to the commissioner.
new text end
Sec. 60.
Minnesota Statutes 2022, section 43A.421, is amended to read:
43A.421 SUPPORTED WORK PROGRAM.
new text begin Subdivision 1. new text end
new text begin Program established. new text end
deleted text begin A total of 50 full-timedeleted text end new text begin Activenew text end positions within
agencies of state government may be selected for inclusion for a supported work program
for persons with deleted text begin severedeleted text end new text begin significantnew text end disabilities. A full-time position may be shared by up to
three persons with deleted text begin severedeleted text end new text begin significantnew text end disabilities and their job coach. The job coach is not
a state employee within the scope of section 43A.02, subdivision 21, or 179A.03, subdivision
14, unless the job coach holds another position within the scope of section 43A.02,
subdivision 21, or 179A.03, subdivision 14.new text begin All classified supported work job postings need
to link to the overview and application process for the supported work program.
new text end
new text begin Subd. 2. new text end
new text begin Responsibilities. new text end
new text begin
(a) The commissioner is responsible for the administration
and oversight of the supported work program, including the establishment of policies and
procedures, data collection and reporting requirements, and compliance.
new text end
new text begin
(b) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the supported work program. All executive leaders, managers,
supervisors, human resources professionals, affirmative action officers, and Americans with
Disabilities Act coordinators must receive annual training regarding the program.
new text end
new text begin
(c) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the program.
new text end
Sec. 61.
new text begin
[43A.431] AMERICANS WITH DISABILITIES ACT COORDINATORS.
new text end
new text begin
(a) Each state agency shall designate at least one ADA coordinator who is responsible
for implementation of Title I of the ADA to advance the prohibition on discrimination
against qualified individuals with disabilities in job application procedures, hiring, firing,
advancement, compensation, job training and other terms, conditions, and privileges of
employment. The ADA coordinator must have demonstrated knowledge and experience in:
new text end
new text begin
(1) the recruitment, selection, development, and retention of people with disabilities;
new text end
new text begin
(2) workforce data analysis;
new text end
new text begin
(3) disability employment laws and regulations; and
new text end
new text begin
(4) strategy development for universal and inclusive workplaces.
new text end
new text begin
(b) The ADA coordinator is responsible for overseeing the development, implementation,
monitoring, and evaluation of effective strategies to attract, engage, and advance people
with disabilities. This includes assisting employees with identifying, acquiring, and
maintaining effective accommodations and submitting reimbursement requests to the
statewide accommodation fund under section 16B.4805.
new text end
new text begin
(c) The ADA coordinator is responsible for collecting data and preparing reports to
ensure transparency and accountability and must serve as a key liaison for disability
employment and training initiatives.
new text end
Sec. 62.
Minnesota Statutes 2022, section 137.0245, subdivision 2, is amended to read:
Subd. 2.
Membership.
The Regent Candidate Advisory Council shall consist of 24
members. Twelve members shall be appointed by the deleted text begin Subcommittee on Committees of the
Committee on Rules and Administrationdeleted text end new text begin majority leadernew text end of the senate. Twelve members
shall be appointed by the speaker of the house. Each appointing authority must appoint one
member who is a student enrolled in a degree program at the University of Minnesota at
the time of appointment. No more than one-third of the members appointed by each
appointing authority may be current or former legislators. No more than two-thirds of the
members appointed by each appointing authority may belong to the same political party;
however, political activity or affiliation is not required for the appointment of any member.
Geographical representation must be taken into consideration when making appointments.
Section 15.0575 shall govern the advisory council, except that:
(1) the members shall be appointed to six-year terms with one-third appointed each
even-numbered year; and
(2) student members are appointed to two-year terms with two students appointed each
even-numbered year.
A member may not serve more than two full terms.
Sec. 63.
Minnesota Statutes 2022, section 137.0245, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Public meetings. new text end
new text begin
Meetings of the council or subcommittees of the council must
be open to the public and are subject to section 3.055.
new text end
Sec. 64.
Minnesota Statutes 2022, section 138.081, subdivision 3, is amended to read:
Subd. 3.
Administration of federal act.
The deleted text begin Department of Administrationdeleted text end new text begin Minnesota
Historical Societynew text end is designated as the state agency to administer the provisions of the federal
act providing for the preservation of historical and archaeological data, United States Code,
title deleted text begin 16deleted text end new text begin 54new text end , deleted text begin sections 469 to 469Cdeleted text end new text begin section 312501, as amendednew text end , insofar as the provisions of
the act provide for implementation by the state.
Sec. 65.
Minnesota Statutes 2022, section 138.665, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Mediationdeleted text end new text begin Consultationnew text end .
The state, state departments, agencies, and political
subdivisions, including the Board of Regents of the University of Minnesota, have a
responsibility to protect the physical features and historic character of properties designated
in sections 138.662 and 138.664 or listed on the National Register of Historic Places created
by Public Law 89-665. Before carrying out any undertaking that will affect designated or
listed properties, or funding or licensing an undertaking by other parties, the state department
or agency shall consult with the State Historic Preservation Office pursuant to deleted text begin the society'sdeleted text end new text begin
the State Historic Preservation Office'snew text end established procedures to determine appropriate
treatments and to seek ways to avoid and mitigate any adverse effects on designated or
listed properties. If the state department or agency and the State Historic Preservation Office
agree in writing on a suitable course of action, the project may proceed. If the parties cannot
agree, any one of the parties may request that the governor appoint and convene a mediation
task force consisting of five members, two appointed by the governor, the chair of the State
Review Board of the State Historic Preservation Office, the commissioner of administration
or the commissioner's designee, and one member deleted text begin who is not an employee of the Minnesota
Historical Societydeleted text end appointed by the director of the new text begin Minnesota Historical new text end Society. The two
appointees of the governor and deleted text begin the onedeleted text end of the director of the society shall be qualified by
training or experience in one or more of the following disciplines: (1) history; (2)
archaeology; and (3) architectural history. The mediation task force is not subject to the
conditions of section 15.059. This subdivision does not apply to section 138.662, subdivision
24, and section 138.664, subdivisions 8 and 111.
Sec. 66.
Minnesota Statutes 2022, section 161.1419, subdivision 2, is amended to read:
Subd. 2.
Members.
(a) The commission shall be composed of 15 members of whom:
(1) one shall be appointed by the commissioner of transportation;
(2) one shall be appointed by the commissioner of natural resources;
(3) one shall be appointed by the director of Explore Minnesota Tourism;
(4) one shall be appointed by the commissioner of agriculture;
(5) one shall be appointed by the director of the Minnesota Historical Society;
(6) two shall be members of the senate to be appointed by the Committee on Committees;
(7) two shall be members of the house of representatives to be appointed by the speaker;
(8) one shall be the secretary appointed pursuant to subdivision 3; and
(9) five shall be citizen members appointed new text begin to staggered four-year terms new text end by new text begin the
commission after receiving recommendations from new text end five citizen committees established by
the members appointed under clauses (1) to (8), with each citizen committee established
within and representing each of the following geographic segments along the Mississippi
River:
(i) Lake Itasca to but not including the city of Grand Rapids;
(ii) Grand Rapids to but not including the city of Brainerd;
(iii) Brainerd to but not including the city of Elk River;
(iv) Elk River to but not including the city of Hastings; and
(v) Hastings to the Iowa border.
Each citizen deleted text begin committeedeleted text end member shall be a resident of the geographic segment that the
deleted text begin committee anddeleted text end member represents.
(b) The members of the commission new text begin appointed in paragraph (a), clauses (1) to (8), new text end shall
serve for a term expiring at the close of each regular session of the legislature and until their
successors are appointed.
new text begin (c) new text end Successor members shall be appointed by the same appointing authorities. Members
may be reappointed. Any vacancy shall be filled by the appointing authority. The
commissioner of transportation, the commissioner of natural resources, and the director of
the Minnesota Historical Society shall be ex officio members, and shall be in addition to
the 15 members heretofore provided for. Immediately upon making the appointments to the
commission the appointing authorities shall so notify the Mississippi River Parkway
Commission, hereinafter called the National Commission, giving the names and addresses
of the members so appointed.
Sec. 67.
Minnesota Statutes 2022, section 179A.22, subdivision 4, is amended to read:
Subd. 4.
Agreements.
The commissioner of management and budget is authorized to
enter into agreements with exclusive representativesnew text begin as provided in section 43A.06,
subdivisions 1, paragraph (b), and 3. The Board of Trustees of the Minnesota State Colleges
and Universities is authorized to enter into agreements with exclusive representatives as
provided in section 43A.06, subdivision 1, paragraph (c)new text end . The negotiated agreements andnew text begin
any relatednew text end arbitration deleted text begin decisiondeleted text end new text begin decisionsnew text end must be deleted text begin submitted to the legislature to be accepted
or rejected in accordance with this section and section 3.855deleted text end new text begin implemented by the
commissioner of management and budget or the Board of Trustees of the Minnesota State
Colleges and Universities respectively, following the approval of the tentative agreement
by exclusive representativesnew text end .
Sec. 68.
Minnesota Statutes 2022, section 351.01, subdivision 2, is amended to read:
Subd. 2.
When effective.
Except as provided by subdivision 3 or other express provision
of law or charter to the contrary, a resignation is effective when it is received by the officer,
body, or board authorized to receive it.new text begin In the case of a position appointed by the governor
under section 15.0597, the resignation must be submitted to the governor.
new text end
Sec. 69.
Minnesota Statutes 2022, section 357.17, is amended to read:
357.17 NOTARIES PUBLIC.
new text begin (a) new text end The maximum fees to be charged and collected by a notary public shall be as follows:
(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such
bill; where protest is legally necessary, and copy thereof, $5;
(2) for every other protest and copy, $5;
(3) for making and serving every notice of nonpayment of note or nonacceptance of bill
and copy thereof, $5;
(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and
$1 per folio for copies;
(5) for each oath administered, $5;
(6) for acknowledgments of deeds and for other services authorized by law, the legal
fees allowed other officers for like services;
(7) for recording each instrument required by law to be recorded by the notary, $5 per
folio.
new text begin
(b) A notary public may charge a fee for performing a marriage in excess of the fees in
paragraph (a) if the notary is a member, director, or partner of an entity organized under
the laws of this state.
new text end
Sec. 70.
Minnesota Statutes 2022, section 359.04, is amended to read:
359.04 POWERS.
Every notary public so appointed, commissioned, and qualified shall have power
throughout this state to administer all oaths required or authorized to be administered in
this state; to take and certify all depositions to be used in any of the courts of this state; to
take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
other instruments in writing or electronic records; to receive, make out, and record notarial
protests; new text begin to perform civil marriages consistent with this chapter and chapter 517; new text end and to
perform online remote notarial acts in compliance with the requirements of sections 358.645
and 358.646.
Sec. 71.
new text begin
[359.115] CIVIL MARRIAGE OFFICIANT.
new text end
new text begin
(a) A notary public shall have the power to solemnize civil marriages throughout the
state if the notary public has filed a copy of the notary public's notary credentials with the
local registrar of a county in this state. When a local registrar records notary credentials for
a notary public, the local registrar shall provide a certificate of filing to the notary whose
credentials are recorded. A notary public shall endorse and record the county where the
notary public's credentials are recorded upon each certificate of civil marriage granted by
the notary.
new text end
new text begin
(b) A past or current Minnesota elected official shall have the power to solemnize a civil
marriage throughout the state if the elected official has filed a copy of the elected official's
certificate of election with the local registrar of a county in this state. When a local registrar
records an elected official's credentials, the local registrar shall provide a certificate of filing
that the elected official's credentials are recorded, and the elected official shall endorse and
record the county where the elected official's credentials are recorded upon each certificate
of civil marriage granted by the elected official.
new text end
Sec. 72.
Minnesota Statutes 2022, section 364.021, is amended to read:
364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.
(a) A public or private employer may not inquire into or consider or require disclosure
of the criminal record or criminal history of an applicant for employment until the applicant
has been selected for an interview by the employer or, if there is not an interview, before a
conditional offer of employment is made to the applicant.
(b) This section does not apply to the Department of Corrections or to employers who
have a statutory duty to conduct a criminal history background check or otherwise take into
consideration a potential employee's criminal history during the hiring process.
(c) This section does not prohibit an employer from notifying applicants that law or the
employer's policy will disqualify an individual with a particular criminal history background
from employment in particular positions.
new text begin
(d) An appointing authority may not inquire into or consider or require disclosure of the
criminal record or criminal history of an applicant for appointment to multimember agencies,
including boards, commissions, agencies, committees, councils, authorities, advisory task
forces, and advisory councils, on an application form until the applicant has been selected
for an interview by the appointing authority or is otherwise selected as a final candidate for
appointment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 73.
Minnesota Statutes 2022, section 364.06, subdivision 1, is amended to read:
Subdivision 1.
Public employers.
Any complaints or grievances concerning violations
of sections 364.01 to 364.10 by public employers new text begin or violations of section 364.021 by public
appointing authorities new text end shall be processed and adjudicated in accordance with the procedures
set forth in chapter 14, the Administrative Procedure Act.
Sec. 74.
Minnesota Statutes 2022, section 507.0945, is amended to read:
507.0945 ADMINISTRATION.
(a) An Electronic Real Estate Recording Commission deleted text begin administered by the Legislative
Coordinating Commissiondeleted text end is created to new text begin evaluate new text end and deleted text begin mustdeleted text end new text begin then maynew text end adopt standards to
implement sections 507.0941 to 507.0948.
(b) The Electronic Real Estate Recording Commission shall consist of the following:
(1) three members appointed by the Minnesota Association of County Officials who are
county employees, including one from within the seven-county metropolitan area, one from
outside the seven-county metropolitan area, and at least one of whom is a county recorder
and at least one of whom is a registrar of titles;
(2) one member appointed by the Minnesota Land Title Association;
(3) one member who represents the Minnesota Bankers Association;
(4) one member who represents the Section of Real Property Law of the Minnesota State
Bar Association;
(5) one nonvoting member who is appointed by the other members of the commission
and an expert in the technological aspects of electronic real estate recording; and
(6) one member who is the state archivist appointed pursuant to section 138.17.
(c) Members of the Electronic Real Estate Recording Commission shall serve four-year
terms, except that (1) the initial appointments of county employees shall be for two years
and (2) the expert in the technological aspects of electronic real estate recording shall serve
at the pleasure of a majority of the other members of the commission. All initial terms shall
commence on July 1, 2008. Members shall serve until their successors are appointed. Any
member may be reappointed for successive terms.
(d) The state archivist shall call the first meeting of the Electronic Real Estate Recording
Commission. At the first meeting and biennially thereafter, the commission shall elect from
its membership a chair and vice-chair to serve two-year terms. Meetings may be called by
the chair or the vice-chair deleted text begin or the director of the Legislative Coordinating Commissiondeleted text end .
Meetings shall be held as often as necessary, but at least once a year.
(e) A majority of the voting members of the Electronic Real Estate Recording
Commission constitutes a quorum to do business, and a majority of a quorum may act in
any matter within the jurisdiction of the commission.
(f) As soon as practicable and as needed thereafter, the Electronic Real Estate Recording
Commission shall identify the information technology new text begin and any other new text end expertise it requires
and report its needs to the deleted text begin Legislative Coordinating Commission. The Electronic Real Estate
Recording Commission also shall report any other expertise it needs to fulfill its
responsibilities. The Legislative Coordinating Commission shall provide support services,
including meeting space, as needed for the Electronic Real Estate Recording Commission
to carry out its duties in an effective mannerdeleted text end new text begin committees of the house of representatives and
the senate that have jurisdictionnew text end .
Sec. 75.
Minnesota Statutes 2022, section 517.04, is amended to read:
517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
Civil marriages may be solemnized throughout the state by an individual who has attained
the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
a court administrator, a retired court administrator with the approval of the chief judge of
the judicial district, a former court commissioner who is employed by the court system or
is acting pursuant to an order of the chief judge of the commissioner's judicial district, new text begin a
notary authorized by the Office of the Secretary of State, a past or current Minnesota elected
official authorized by section 359.115, new text end the residential school superintendent of the Minnesota
State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or
ordained minister of any religious denomination, or by any mode recognized in section
517.18. For purposes of this section, a court of record includes the Office of Administrative
Hearings under section 14.48.
Sec. 76.
Minnesota Statutes 2022, section 645.44, subdivision 5, as amended by Laws
2023, chapter 5, section 2, is amended to read:
Subd. 5.
Holiday.
new text begin (a) new text end "Holiday" includes New Year's Day, January 1; Martin Luther
King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the
third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19;
Independence Day, July 4; Labor Day, the first Monday in September; deleted text begin Christopher Columbusdeleted text end new text begin
Indigenous Peoplesnew text end Day, the second Monday in October; Veterans Day, November 11;
Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25;
provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day,
July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday,
the following day shall be a holiday and, provided, when New Year's Day, January 1; or
Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or
Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. No
public business shall be transacted on any holiday, except in cases of necessity and except
in cases of public business transacted by the legislature, nor shall any civil process be served
thereon. However, for the executive branch of the state of Minnesota, "holiday" also includes
the Friday after Thanksgiving but does not include deleted text begin Christopher Columbusdeleted text end new text begin Indigenous
Peoplesnew text end Day. Other branches of state government and political subdivisions shall have the
option of determining whether deleted text begin Christopher Columbusdeleted text end new text begin Indigenous Peoplesnew text end Day and the
Friday after Thanksgiving shall be holidays. Where it is determined that deleted text begin Columbus Daydeleted text end new text begin
Indigenous Peoples Daynew text end or the Friday after Thanksgiving is not a holiday, public business
may be conducted thereon.
new text begin (b) new text end Any agreement between a public employer and an employee organization citing
Veterans Day as the fourth Monday in October shall be amended to cite Veterans Day as
November 11.
new text begin
(c) Any agreement between a public employer and an employee organization citing
"Christopher Columbus Day" or "Columbus Day" shall be amended to cite "Indigenous
Peoples Day."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 77. new text begin MISSISSIPPI RIVER PARKWAY COMMISSION; CITIZEN MEMBERS.
new text end
new text begin
Citizens currently appointed to the Mississippi River Parkway Commission under
Minnesota Statutes, section 161.1419, subdivision 2, for areas following the geographic
segments along the Mississippi River, serve terms as follows:
new text end
new text begin
(1) citizen member representing Lake Itasca, to but not including the city of Grand
Rapids, for a term ending December 31, 2025;
new text end
new text begin
(2) citizen member representing Grand Rapids, to but not including the city of Brainerd,
for a term ending December 31, 2025;
new text end
new text begin
(3) citizen member representing Brainerd, to but not including the city of Elk River, for
a term ending December 31, 2025;
new text end
new text begin
(4) citizen member representing Elk River, to but not including the city of Hastings, for
a term ending December 31, 2027; and
new text end
new text begin
(5) citizen member representing Hastings, to the Iowa border, for a term ending December
31, 2027.
new text end
Sec. 78. new text begin ADVISORY COMMITTEE ON SERVICE WORKER STANDARDS.
new text end
new text begin
The commissioner of management and budget shall convene an advisory committee to
review and make recommendations regarding updates and clarifications to the service worker
class specifications under Minnesota Statutes, section 43A.071. By January 15, 2023, the
commissioner shall report to the legislative committees with jurisdiction over state
government employees on recommendations for changes to Minnesota Statutes, section
43A.071.
new text end
Sec. 79. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In the next edition of Minnesota Statutes and Minnesota Rules and the online publication
of Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change references
to "Christopher Columbus Day" or "Columbus Day" to "Indigenous Peoples Day" wherever
the phrases appear in Minnesota Statutes and Minnesota Rules.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 80. new text begin REPEALER.
new text end
new text begin Subdivision 1. new text end
new text begin Interagency transfer reports. new text end
new text begin
Minnesota Statutes 2022, section 15.0395,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 2. new text end
new text begin Office of Collaboration and Dispute Resolution. new text end
new text begin
Minnesota Statutes 2022,
sections 16B.24, subdivision 13; 179.90; and 179.91,
new text end
new text begin
are repealed.
new text end
new text begin Subd. 3. new text end
new text begin Trustee Candidate Advisory Council. new text end
new text begin
Minnesota Statutes 2022, section
136F.03,
new text end
new text begin
is repealed.
new text end
Sec. 81. new text begin EFFECTIVE DATE; JUNETEENTH.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 645.02, Laws 2023, chapter 5, sections 1
and 2, are effective June 19, 2023.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 2
INFORMATION TECHNOLOGY AND CYBERSECURITY
Section 1.
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Definition. new text end
new text begin
(a) For purposes of this section, the following term has the meaning
given.
new text end
new text begin
(b) "Security records" means data, documents, recordings, or similar items that:
new text end
new text begin
(1) were originally collected, created, received, maintained, or disseminated by a member
of the commission during a closed meeting, or a closed portion of a meeting; and
new text end
new text begin
(2) are security information as defined by section 13.37, subdivision 1, or otherwise
pertain to cybersecurity briefings and reports, issues related to cybersecurity systems,
deficiencies in or recommendations regarding cybersecurity services, infrastructure, or
facilities, if disclosure of the records would pose a danger to or compromise cybersecurity
infrastructure, facilities, procedures, or responses.
new text end
Sec. 2.
Minnesota Statutes 2022, section 3.888, subdivision 5, is amended to read:
Subd. 5.
Meetings.
The commission must meet at least three times per calendar year.
The meetings of the commission are subject to section 3.055, except that the commission
may close a meeting when necessary to safeguard the state's cybersecurity. deleted text begin The minutes,
recordings, and documents from a closed meeting under this subdivisiondeleted text end new text begin Security records
new text end shall be maintained by the Legislative Coordinating Commission and shall not be made
available to the public until new text begin at least new text end eight years new text begin but no more than 20 years new text end after the date of
the new text begin closed new text end meeting.
Sec. 3.
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Closed meetings procedures. new text end
new text begin
The commission must adopt procedures for
conducting closed meetings before the commission's first closed meeting. At a minimum,
the procedures must include:
new text end
new text begin
(1) a requirement to provide notice to the public, when practicable, before each closed
meeting of the commission's intent and authority to hold a closed meeting, or to hold a
closed session during an otherwise open meeting;
new text end
new text begin
(2) a requirement that the commission minimize the number of people present at a closed
meeting to those necessary to conduct the meeting;
new text end
new text begin
(3) a requirement that votes shall not be taken during a meeting, or a portion of a meeting,
of the commission closed pursuant to this section;
new text end
new text begin
(4) steps the commission must take if a commission member is alleged to have violated
the confidentiality of a closed meeting; and
new text end
new text begin
(5) guidance for the Legislative Coordinating Commission for the public release of
security records following the eight-year record requirement in subdivision 5. The meetings
of the Legislative Coordinating Commission under this subdivision are exempt from section
3.055 when necessary to safeguard the confidentiality of security records.
new text end
Sec. 4.
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin Subd. 5b. new text end
new text begin Alleged member closed meeting confidentiality violations. new text end
new text begin
Notwithstanding
any law to the contrary, if a complaint alleging a member violated the confidentiality of a
closed meeting is brought to a legislative committee with jurisdiction over ethical conduct,
the committee with jurisdiction over ethical conduct must preserve the confidentiality of
the closed meeting at issue.
new text end
Sec. 5.
Minnesota Statutes 2022, section 16E.01, subdivision 1a, is amended to read:
Subd. 1a.
Responsibilities.
The department shall provide oversight, leadership, and
direction for information and telecommunications technology policy and the management,
delivery, accessibility, and security of executive branch information and telecommunications
technology systems and services in Minnesota. The department shall new text begin partner with executive
branch state agencies to new text end manage strategic investments in information and telecommunications
technology systems and services to ensure sufficient access to and efficient delivery of
accessible government services and to maximize benefits for the state government as an
enterprise.
Sec. 6.
Minnesota Statutes 2022, section 16E.01, is amended by adding a subdivision to
read:
new text begin Subd. 1b. new text end
new text begin Deputy; appointments. new text end
new text begin
The commissioner may appoint a deputy, assistant
commissioners, and a confidential secretary. Each serves at the commissioner's pleasure in
the unclassified service.
new text end
Sec. 7.
Minnesota Statutes 2022, section 16E.01, subdivision 3, is amended to read:
Subd. 3.
Duties.
(a) The department shall:
(1) manage the efficient and effective use of available federal, state, local, and
public-private resources to develop statewide information and telecommunications technology
systems and services and its infrastructure;
(2) approve state agency and intergovernmental information and telecommunications
technology systems and services development efforts involving state or intergovernmental
funding, including federal funding, provide information to the legislature regarding projects
reviewed, and recommend projects for inclusion in the governor's budget under section
16A.11;
(3) promote cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services;
(4) cooperate and collaborate with the legislative and judicial branches in the development
of information and communications systems in those branches, as requested;
deleted text begin
(5) continue the development of North Star, the state's official comprehensive online
service and information initiative;
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end promote and coordinate public information access and network initiatives,
consistent with chapter 13, to connect Minnesota's citizens and communities to each other,
to their governments, and to the world;
deleted text begin (7)deleted text end new text begin (6)new text end manage and promote the regular and periodic reinvestment in the information
and telecommunications technology systems and services infrastructure so that state and
local government agencies can effectively and efficiently serve their customers;
deleted text begin (8)deleted text end new text begin (7)new text end facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and services and
electronic data practices and privacy within the executive branch;
deleted text begin (9)deleted text end new text begin (8)new text end eliminate unnecessary duplication of existing information and telecommunications
technology systems and services provided by state agencies;
deleted text begin (10)deleted text end new text begin (9)new text end identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations;
deleted text begin (11)deleted text end new text begin (10)new text end ensure overall security of the state's information and technology systems and
services; and
deleted text begin (12)deleted text end new text begin (11)new text end manage and direct compliance with accessibility standards for informational
technology, including hardware, software, websites, online forms, and online surveys.
(b) The chief information officer, in consultation with the commissioner of management
and budget, must determine when it is cost-effective for agencies to develop and use shared
information deleted text begin and telecommunicationsdeleted text end technology systemsnew text begin , platforms,new text end and services for the
delivery of deleted text begin electronicdeleted text end new text begin digitalnew text end government services. The chief information officer may require
agencies to use shared information and telecommunications technology systems and services.
The chief information officer shall establish reimbursement rates in cooperation with the
commissioner of management and budget to be billed to agencies and other governmental
entities sufficient to cover the actual development, operating, maintenance, and administrative
costs of the shared systems. The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.
(c) A state agency that has an information and telecommunications technology project,
whether funded as part of the biennial budget or by any other means, shall register with the
department by submitting basic project startup documentation as specified by the chief
information officer in both format and content. State agency project leadersnew text begin , in accordance
with policies and standards set forth by the chief information officer,new text end must demonstrate that
the project will be properly managed, provide updates to the project documentation as
changes are proposed, and regularly report on the current status of the project on a schedule
agreed to with the chief information officer. The chief information officer has the authority
to define a project for the purposes of this chapter.
(d) The chief information officer shall monitor progress on any active information and
telecommunications technology project with a total expected project cost of more than
$5,000,000 and report on the performance of the project in comparison with the plans for
the project in terms of time, scope, and budget. The chief information officer may conduct
an independent project audit of the project. The audit analysis and evaluation of the projects
subject to paragraph (c) must be presented to agency executive sponsors, the project
governance bodies, and the chief information officer. All reports and responses must become
part of the project record.
(e) For any active information and telecommunications technology project with a total
expected project cost of more than $10,000,000, the state agency must perform an annual
independent audit that conforms to published project audit principles adopted by the
department.
(f) The chief information officer shall report by January 15 of each year to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over the department regarding projects the department has reviewed under paragraph (a),
clause (10). The report must include deleted text begin the reasons for the determinations made in the review
of each project and a description of its current status.deleted text end new text begin :
new text end
new text begin
(1) each project in the IT portfolio whose status is either active or on hold;
new text end
new text begin
(2) each project presented to the office for consultation in the time since the last report;
new text end
new text begin
(3) the information technology cost associated with the project;
new text end
new text begin
(4) the current status of the information technology project;
new text end
new text begin
(5) the date the information technology project is expected to be completed; and
new text end
new text begin
(6) the projected costs for ongoing support and maintenance after the project is complete.
new text end
Sec. 8.
Minnesota Statutes 2022, section 16E.016, is amended to read:
16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES
AND EQUIPMENT.
(a) The chief information officer is responsible for providing or entering into managed
services contracts for the provision, improvement, deleted text begin anddeleted text end developmentnew text begin , and lifecycle
managementnew text end of the following information technology systems and services to state agencies:
(1) state data centers;
(2) mainframes including system software;
(3) servers including system software;
(4) desktops including system software;
(5) laptop computers including system software;
(6) a data network including system software;
(7) database, electronic mail, office systems, reporting, and other standard software
tools;
(8) business application software and related technical support services;
(9) help desk for the components listed in clauses (1) to (8);
(10) maintenance, problem resolution, and break-fix for the components listed in clauses
(1) to (8);
(11) regular upgrades deleted text begin anddeleted text end new text begin ,new text end replacementnew text begin , and lifecycle managementnew text end for the components
listed in clauses (1) to (8); and
(12) network-connected output devices.
(b) All state agency employees whose work primarily involves functions specified in
paragraph (a) are employees of the Department of Information Technology Services. This
includes employees who directly perform the functions in paragraph (a), as well as employees
whose work primarily involves managing, supervising, or providing administrative services
or support services to employees who directly perform these functions. The chief information
officer may assign employees of the department to perform work exclusively for another
state agency.
(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a
state agency to obtain services specified in paragraph (a) through a contract with an outside
vendor when the chief information officer and the agency head agree that a contract would
provide best value, as defined in section 16C.02, under the service-level agreement. The
chief information officer must require that agency contracts with outside vendors ensure
that systems and services are compatible with standards established by the Department of
Information Technology Services.
(d) The Minnesota State Retirement System, the Public Employees Retirement
Association, the Teachers Retirement Association, the State Board of Investment, the
Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio
Board are not state agencies for purposes of this section.
Sec. 9.
Minnesota Statutes 2022, section 16E.03, subdivision 2, is amended to read:
Subd. 2.
Chief information officer's responsibility.
The chief information officer shall:
(1) design a deleted text begin masterdeleted text end new text begin strategicnew text end plan for information and telecommunications technology
systems and services in the state and shall report on the plan to the governor and legislature
at the beginning of each regular session;
(2) coordinate, review, and approve all information and telecommunications technology
projects and oversee the state's information and telecommunications technology systems
and services;
(3) establish and enforce compliance with standards for information and
telecommunications technology systems and services that are cost-effective and support
open systems environments and that are compatible with state, national, and international
standards, including accessibility standards;
(4) maintain a library of systems and programs developed by the state for use by agencies
of government;
(5) direct and manage the shared operations of the state's information and
telecommunications technology systems and services; and
(6) establish and enforce standards and ensure acquisition of hardware deleted text begin anddeleted text end new text begin ,new text end softwarenew text begin ,
and servicesnew text end necessary to protect data and systems in state agency networks connected to
the Internet.
Sec. 10.
Minnesota Statutes 2022, section 16E.03, subdivision 4a, is amended to read:
Subd. 4a.
Cloud computing services.
The project evaluation procedure required by
subdivision 4 must include a review of cloud computing service options, including any
security benefits and cost savings associated with purchasing those service options from a
cloud computing service provider.new text begin When projects involve cloud computing services, the
state chief information officer shall, in consultation with the Technology Advisory Council,
establish metrics to assess the progress of any cloud computing project for each state agency.
new text end
Sec. 11.
Minnesota Statutes 2022, section 16E.03, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Cloud computing progress report. new text end
new text begin
(a) No later than January 15, 2024, and
annually thereafter, the state chief information officer shall, in consultation with the
Technology Advisory Council, report on the progress of executive branch cloud adoption
to the chairs and ranking members of the legislative committees with jurisdiction over
executive branch information technology policy. The report shall include, but not be limited
to, the following:
new text end
new text begin
(1) an accounting of each state agency's expenditures for cloud computing initiatives
and software as service solutions;
new text end
new text begin
(2) cost projections, timelines, and the names of any cloud provider selected for current
computing projects that incorporate cloud computing solutions, and percentage of total
cloud use; and
new text end
new text begin
(3) projected future expenditures by cloud service provider.
new text end
new text begin
(b) This subdivision expires December 31, 2027.
new text end
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 16E.0466, subdivision 2,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
LOCAL GOVERNMENT POLICY
Section 1.
Minnesota Statutes 2022, section 13D.02, subdivision 1, is amended to read:
Subdivision 1.
Conditions.
(a) A meeting governed by section 13D.01, subdivisions 1,
2, 4, and 5, and this section may be conducted by interactive technology so long as:
(1) all members of the body participating in the meeting, wherever their physical location,
can hear and see one another and can hear and see all discussion and testimony presented
at any location at which at least one member is present;
(2) members of the public present at the regular meeting location of the body can hear
and see all discussion and testimony and all votes of members of the body;
(3) at least one member of the body is physically present at the regular meeting location;
(4) all votes are conducted by roll call so each member's vote on each issue can be
identified and recorded; and
(5) each location at which a member of the body is present is open and accessible to the
public.
(b) A meeting satisfies the requirements of paragraph (a), although a member of the
public body participates from a location that is not open or accessible to the public, if the
member has not participated more than three times in a calendar year from a location that
is not open or accessible to the public, and:
(1) the member is serving in the military and is at a required drill, deployed, or on active
duty; or
(2) the member has been advised by a health care professional against being in a public
place for personal or family medical reasons. deleted text begin This clause only applies when a state of
emergency has been declared under section 12.31, and expires 60 days after the removal of
the state of emergency.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 118A.09, subdivision 1, is amended to read:
Subdivision 1.
Definition; qualifying government.
new text begin (a) new text end "Qualifying government" means:
(1) a county or statutory or home rule charter city with a population of more than 100,000;new text begin
or
new text end
(2) a county or statutory or home rule charter city deleted text begin which had its most recently issued
general obligation bonds rated in the highest category by a national bond rating agency; ordeleted text end new text begin
whose most recent long-term, senior, general obligation rating by one or more national
rating organizations in the prior 18-month period is AA or higher.
new text end
deleted text begin
(3) a self-insurance pool listed in section 471.982, subdivision 3.
deleted text end
new text begin (b) new text end A county or statutory or home rule charter city with a population of 100,000 or less
that is a qualifying government, but deleted text begin isdeleted text end subsequently deleted text begin rated less than the highest category by
a national bond rating agency on a general obligation bond issuedeleted text end new text begin does not meet the threshold
under paragraph (a), clause (2)new text end , may not invest additional funds under this sectionnew text begin during
any time period when it does not meet the threshold,new text end but may continue to manage funds
previously invested under subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, section 118A.09, subdivision 2, is amended to read:
Subd. 2.
Additional investment authority.
Qualifying governments may invest the
amount described in subdivision 3:
(1) in index mutual funds based in the United States and indexed to a broad market
United States equity indexnew text begin , on the condition that index mutual fund investments must be
made directly with the main sales office of the fundnew text end ; or
(2) with the Minnesota State Board of Investment subject to such terms and minimum
amounts as may be adopted by the board. deleted text begin Index mutual fund investments must be made
directly with the main sales office of the fund.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 118A.09, subdivision 3, is amended to read:
Subd. 3.
Funds.
(a) Qualifying governments may only invest under subdivision 2
according to the limitations in this subdivision. A qualifying government under subdivision
1, clause (1) or (2), may only invest its funds that are held for long-term capital plans
authorized by the city council or county board, or long-term obligations of the qualifying
government. Long-term obligations of the qualifying government include long-term capital
plan reserves, funds held to offset long-term environmental exposure, other postemployment
benefit liabilities, compensated absences, and other long-term obligations established by
applicable accounting standards.
(b) Qualifying governments under subdivision 1, clause (1) or (2), may invest up to 15
percent of the sum of:
(1) unassigned cash;
(2) cash equivalents;
(3) deposits; and
(4) investments.
deleted text begin Thisdeleted text end new text begin (c) Thenew text end calculation new text begin in paragraph (b) new text end must be based on the qualifying government's
most recent audited statement of net position, which must be compliant and audited pursuant
to governmental accounting and auditing standards. Once the amount invested reaches 15
percent of the sum of unassigned cash, cash equivalents, deposits, and investments, no
further funds may be invested under this section; however, a qualifying government may
continue to manage the funds previously invested under this section even if the total amount
subsequently exceeds 15 percent of the sum of unassigned cash, cash equivalents, deposits,
and investments.
deleted text begin
(c) A qualified government under subdivision 1, clause (3), may invest up to the lesser
of:
deleted text end
deleted text begin
(1) 15 percent of the sum of its cash, cash equivalents, deposits, and investments; or
deleted text end
deleted text begin
(2) 25 percent of its net assets as reported on the pool's most recent audited statement
of net position, which must be compliant and audited pursuant to governmental accounting
and auditing standards.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
new text begin
[118A.10] SELF-INSURANCE POOLS; ADDITIONAL INVESTMENT
AUTHORITY.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "qualifying government"
means a self-insurance pool listed in section 471.982, subdivision 3.
new text end
new text begin Subd. 2. new text end
new text begin Additional investment authority. new text end
new text begin
(a) A qualifying government may invest in
the securities specified in section 11A.24, with the exception of specific investments
authorized under section 11A.24, subdivision 6, paragraph (a), clauses (1) to (5).
new text end
new text begin
(b) Investments authorized under this section are subject to the limitations under section
11A.24.
new text end
new text begin
(c) A qualifying government may invest with the State Board of Investment subject to
the terms and minimum amounts adopted by the State Board of Investment.
new text end
new text begin Subd. 3. new text end
new text begin Approval. new text end
new text begin
Before investing pursuant to this section, the governing body of a
qualifying government must adopt an investment policy pursuant to a resolution that includes
both of the following statements:
new text end
new text begin
(1) the governing body understands that investments under this section have a risk of
loss; and
new text end
new text begin
(2) the governing body understands the type of funds that are being invested and the
specific investment itself.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
new text begin
[134.114] RAMSEY COUNTY LIBRARY ADVISORY BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Appointment. new text end
new text begin
The Ramsey County Board of Commissioners shall direct,
operate, and manage the suburban Ramsey County library system. The county board shall
appoint seven members to a suburban Ramsey County Library Advisory Board. All members
must reside in the suburban county library service area. The Ramsey County Library Advisory
Board shall replace the existing Ramsey County Library Board upon the effective date of
this section.
new text end
new text begin Subd. 2. new text end
new text begin Powers and duties. new text end
new text begin
The Ramsey County Library Advisory Board shall provide
advice and make recommendations on matters pertaining to county library services. The
Ramsey County Library Advisory Board shall provide recommendations regarding integrated
county service delivery that impacts or is enhanced by library services. The county board
may delegate additional powers and duties to the Ramsey County Library Advisory Board.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the governing body of
Ramsey County and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end
Sec. 7.
new text begin
[134.115] ANOKA COUNTY LIBRARY ADVISORY BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Appointment. new text end
new text begin
The Anoka County Board of Commissioners shall direct,
operate, and manage the suburban Anoka County library system. The county board shall
appoint seven members to a suburban Anoka County Library Advisory Board. All members
must reside in the suburban county library service area. The Anoka County Library Advisory
Board shall replace the existing Anoka County Library Board upon the effective date of
this section.
new text end
new text begin Subd. 2. new text end
new text begin Powers and duties. new text end
new text begin
The Anoka County Library Advisory Board shall provide
advice and make recommendations on matters pertaining to county library services. The
Anoka County Library Advisory Board shall provide recommendations regarding integrated
county service delivery that impacts or is enhanced by library services. The county board
may delegate additional powers and duties to the Anoka County Library Advisory Board.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the governing body of
Anoka County and its chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end
Sec. 8.
Minnesota Statutes 2022, section 383B.145, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin
Solicitations to small business enterprises or veteran-owned small
businesses.
new text end
new text begin
Notwithstanding the contract threshold of section 471.345, subdivision 4, a
contract, as defined in section 471.345, subdivision 2, estimated not to exceed $500,000
may be made pursuant to the provisions of section 471.345, subdivision 4, provided that a
business that is directly solicited is certified as either: (1) a small business enterprise; or (2)
a small business that is majority-owned and operated by a veteran or a service-disabled
veteran.
new text end
Sec. 9.
new text begin
[383B.1587] CONSTRUCTION MANAGER AT RISK.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the definitions in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Construction manager at risk" means a person who is selected by the county to act
as a construction manager to manage the construction process, including but not limited to
responsibility for the price, schedule, and workmanship of the construction performed
according to the procedures in this section.
new text end
new text begin
(c) "Construction manager at risk contract" means a contract for construction of a project
between a construction manager at risk and the county, which shall include a guaranteed
maximum price, construction schedule, and workmanship of the construction performed.
new text end
new text begin
(d) "Guaranteed maximum price" means the maximum amount that a construction
manager at risk is paid pursuant to a contract to perform a defined scope of work.
new text end
new text begin
(e) "Guaranteed maximum price contract" means a contract under which a construction
manager or subcontractor is paid on the basis of the actual cost to perform the work specified
in the contract plus an amount for overhead and profit, the sum of which must not exceed
the guaranteed maximum price in the contract.
new text end
new text begin
(f) "Past performance" or "experience" does not include the exercise or assertion of a
person's legal rights.
new text end
new text begin
(g) "Person" means an individual, corporation, partnership, association, or other legal
entity.
new text end
new text begin
(h) "Project" means an undertaking to construct, alter, or enlarge a building, structure,
or other improvement, except a highway or bridge, by or for the county.
new text end
new text begin
(i) "Request for proposals" means the document or publication soliciting proposals for
a construction manager at risk contract as provided in this section.
new text end
new text begin
(j) "Request for qualifications" means the document or publication soliciting qualifications
for a construction manager at risk contract as provided in this section.
new text end
new text begin
(k) "Trade contract work" means labor, materials, or equipment furnished by contractors
or vendors that are incorporated into the completed project or are major components of the
means of construction. Work performed by trade contractors involves specific portions of
the project, but not the entire project.
new text end
new text begin Subd. 2. new text end
new text begin Authority. new text end
new text begin
Notwithstanding any other law to the contrary, the county may use
a construction manager at risk method of project delivery and award a construction manager
at risk contract based on the selection criteria described in this section.
new text end
new text begin Subd. 3. new text end
new text begin Solicitation of qualifications. new text end
new text begin
(a) A request for qualifications must be prepared
for each construction manager at risk contract as provided in this section. The request for
qualifications must contain, at a minimum, the following elements:
new text end
new text begin
(1) procedures for submitting qualifications, the criteria and subcriteria for evaluating
the qualifications and the relative weight for each criteria and subcriteria, and the procedures
for making awards in an open, competitive, and objective manner, applying a scoring or
trade-off evaluation method, including a reference to the requirements of this section;
new text end
new text begin
(2) the proposed terms and conditions for the contract;
new text end
new text begin
(3) the desired qualifications of the construction manager at risk;
new text end
new text begin
(4) the schedule for commencement and completion of the project;
new text end
new text begin
(5) any applicable budget limits for the project;
new text end
new text begin
(6) the requirements for insurance and statutorily required performance and payment
bonds; and
new text end
new text begin
(7) the identification and location of any other information in the possession or control
of the county that the county determines is material, including surveys, soils reports, drawings
or models of existing structures, environmental studies, photographs, or references to public
records.
new text end
new text begin
(b) The request for qualifications criteria must not impose unnecessary conditions beyond
reasonable requirements to ensure maximum participation of construction managers at risk.
The criteria must not consider the collective bargaining status of the construction manager
at risk.
new text end
new text begin
(c) The request for qualifications criteria may include a requirement that the proposer
include the cost for the proposer's services.
new text end
new text begin
(d) Notice of requests for qualifications must be advertised in a manner designated by
the county.
new text end
new text begin Subd. 4. new text end
new text begin Construction manager at risk selection process. new text end
new text begin
(a) In a construction manager
at risk selection process, the following applies:
new text end
new text begin
(1) upon determining to utilize a construction manager at risk for a project, the county
shall create a selection committee composed of a minimum of three persons, at least one of
whom has construction industry expertise; and
new text end
new text begin
(2) the county shall establish procedures for determining the appropriate content of a
request for qualifications, as provided in subdivision 3.
new text end
new text begin
(b) In accordance with the criteria and procedures set forth in the request for
qualifications, the selection committee shall evaluate the experience of a proposer as a
construction manager at risk, including but not limited to capacity of key personnel, technical
competence, capability to perform, past performance of the firm and its employees, safety
record and compliance with state and federal law, availability to and familiarity with the
project locale, and other appropriate facts submitted by the proposer in response to the
request for qualifications.
new text end
new text begin
(c) If the county receives fewer than three proposals from construction managers, the
county may:
new text end
new text begin
(1) proceed as described in paragraph (d);
new text end
new text begin
(2) solicit new proposals;
new text end
new text begin
(3) revise the request for qualifications and then solicit new proposals using the revised
request for qualifications;
new text end
new text begin
(4) select another allowed procurement method;
new text end
new text begin
(5) proceed with a sole proposer if the county determines the construction manager at
risk marketplace is limited and the benefit of issuing a new solicitation is not practicable;
or
new text end
new text begin
(6) reject all proposals.
new text end
new text begin
(d) The selection committee shall review the qualification of each proposer. If there is
more than one proposer, the selection committee shall create a short list of two to five
proposers.
new text end
new text begin
(e) The county shall issue a request for proposals requiring cost and other information
as desired from the short-listed proposers.
new text end
new text begin
(f) The selection committee may conduct formal interviews with the short-listed proposers
but shall not disclose any proprietary or confidential information contained in one proposal
to another proposer, and shall rank the proposers by applying a scoring or trade-off evaluation
method. The scoring or trade-off evaluation method must be described in the request for
proposals.
new text end
new text begin Subd. 5. new text end
new text begin Construction manager at risk contract. new text end
new text begin
(a) The county shall conduct contract
negotiations with the highest ranked proposer to reach agreement on the cost and terms of
the contract. If an agreement cannot be reached with the highest ranked proposer, the county
may begin negotiations with the next highest ranked proposer. The negotiation process
continues until an agreement is reached with a proposer or the county rejects all proposals.
new text end
new text begin
(b) The construction manager at risk shall competitively bid all trade contract work for
the project from a list of qualified firms. The list of qualified firms may be limited to qualified
Small Business Enterprise and/or Disadvantaged Business Enterprise (SBE/DBE) firms,
subject to availability of such qualified SBE/DBE firms for the specific work. The list of
qualified firms must be based on an open, competitive, and objective prequalification process
in which the selection criteria, approved by the county, may include but is not limited to
the firm's experience as a constructor, including capacity of key personnel, technical
competence, capability to perform, past performance of the firm and its employees, safety
record and compliance with state and federal law, availability to and familiarity with the
project locale, SBE/DBE certification, and other considerations as defined by the construction
manager at risk and the county. The construction manager at risk and the county shall jointly
determine the composition of the list of qualified firms. With the county's approval, upon
request, the construction manager at risk may also submit bids for trade contract work if
the construction manager at risk does not participate in the county's review of the bids or
selection decision.
new text end
new text begin
(c) The construction manager at risk and the county shall enter into a guaranteed
maximum price contract for the project.
new text end
Sec. 10.
new text begin
[412.925] NATIVE LANDSCAPES.
new text end
new text begin
(a) A statutory city or home rule charter city shall allow an owner, authorized agent, or
authorized occupant of any privately owned lands or premises to install and maintain a
managed natural landscape. For purposes of this section, the following terms have the
meanings given:
new text end
new text begin
(1) "managed natural landscape" means a planned, intentional, and maintained planting
of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not
limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural
landscapes does not include turf-grass lawns left unattended for the purpose of returning to
a natural state;
new text end
new text begin
(2) "meadow vegetation" means grasses and flowering broad-leaf plants that are native
to, or adapted to, the state of Minnesota, and that are commonly found in meadow and
prairie plant communities, not including noxious weeds. "Noxious weed" has the meaning
given in section 18.77, subdivision 8;
new text end
new text begin
(3) "ornamental plants" means grasses, perennials, annuals, and groundcovers purposely
planted for aesthetic reasons;
new text end
new text begin
(4) "rain garden" means a native plant garden that is designed not only to aesthetically
improve properties, but also to reduce the amount of stormwater and accompanying pollutants
from entering streams, lakes, and rivers; and
new text end
new text begin
(5) "turf-grass lawn" means a lawn composed mostly of grasses commonly used in
regularly cut lawns or play areas, including but not limited to bluegrass, fescue, and ryegrass
blends, intended to be maintained at a height of no more than eight inches.
new text end
new text begin
(b) Managed natural landscapes may include plants and grasses that are in excess of
eight inches in height and have gone to seed, but may not include any noxious weeds and
must be maintained.
new text end
new text begin
(c) Except as part of a managed natural landscape as defined in this section, any weeds
or grasses growing upon any lot or parcel of land in a city to a greater height than eight
inches or that have gone or are about to go to seed are prohibited.
new text end
Sec. 11.
Minnesota Statutes 2022, section 471.345, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Contracts over $175,000; construction manager at risk alternative. new text end
new text begin
As an
alternative to the procurement methods described in subdivisions 3 and 3a, municipalities
may award a contract for construction, alteration, repair, or maintenance work to a
construction manager at risk as provided in section 471.463.
new text end
Sec. 12.
new text begin
[471.463] CONSTRUCTION MANAGER AT RISK.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the definitions in this
subdivision have the meanings given unless the context indicates otherwise.
new text end
new text begin
(b) "Construction manager at risk" means a person who is selected by a municipality to
act as a construction manager to manage the construction process, including but not limited
to responsibility for the price, schedule, and workmanship of the construction performed
according to the procedures in this section.
new text end
new text begin
(c) "Construction manager at risk contract" means a contract for construction of a project
between a construction manager at risk and a municipality, which shall include a guaranteed
maximum price, construction schedule, and workmanship of the construction performed.
new text end
new text begin
(d) "Municipality" has the meaning given under section 471.345, subdivision 1.
new text end
new text begin Subd. 2. new text end
new text begin Solicitation of qualifications. new text end
new text begin
(a) A municipality may accept written requests
for proposals for a construction manager at risk for its project. The written request for
proposals must include:
new text end
new text begin
(1) a description of the project;
new text end
new text begin
(2) the estimated cost of completing the project;
new text end
new text begin
(3) a description of any special requirements or unique features of the proposed project;
and
new text end
new text begin
(4) other information which will assist the municipality in carrying out its duties and
responsibilities set forth in this section.
new text end
new text begin
(b) A municipality may include in the request for qualifications criteria a requirement
that the proposer include the overhead and fee that the construction manager at risk proposes
to charge for its services.
new text end
new text begin
(c) A municipality shall prepare a request for qualifications for each construction manager
at risk contract as provided in this section. The request for qualifications shall contain, at a
minimum, the information described in section 16C.34, subdivision 1, paragraph (c), clauses
(2) to (7) and (9), and any other information the municipality determines is material.
new text end
new text begin
(d) Notice of requests for qualifications must be advertised in a manner designated by
the municipality.
new text end
new text begin Subd. 3. new text end
new text begin Construction manager at risk contract. new text end
new text begin
A municipality shall comply with
the same procedures as the commissioner of administration under section 16C.34, subdivision
3, in construction manager at risk contracts.
new text end
new text begin Subd. 4. new text end
new text begin Exception. new text end
new text begin
This section does not apply to contracts for construction, alteration,
repair, or maintenance work on any street, road, bridge, or highway.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to municipal construction manager at risk contracts solicited on or after that date.
new text end
Sec. 13.
new text begin
[471.585] MUNICIPAL HOTEL LICENSING.
new text end
new text begin
(a) A statutory or home rule charter city or a town may adopt an ordinance requiring
hotels operating within the boundaries of the city or town to have a valid license issued by
the city or town. A fee for a license under this section may not exceed $150.
new text end
new text begin
(b) An ordinance adopted under this section is limited to requiring compliance with state
and local laws as a condition of licensure. No other licensing conditions or requirements
are permitted.
new text end
new text begin
(c) A city or town that has adopted an ordinance under this section may refuse to issue
a license, or may revoke an existing license, if the hotel fails to comply with the conditions
of the license.
new text end
Sec. 14.
Minnesota Statutes 2022, section 473.606, subdivision 5, is amended to read:
Subd. 5.
Employees, others, affirmative action; prevailing wage.
The corporation
shall have the power to appoint engineers and other consultants, attorneys, and such other
officers, agents, and employees as it may see fit, who shall perform such duties and receive
such compensation as the corporation may determine deleted text begin notwithstanding the provisions of
section 43A.17, subdivision 9,deleted text end and be removable at the pleasure of the corporation. The
corporation must adopt an affirmative action plan, which shall be submitted to the appropriate
agency or office of the state for review and approval. The plan must include a yearly progress
report to the agency or office. Whenever the corporation performs any work within the
limits of a city of the first class, or establishes a minimum wage for skilled or unskilled
labor in the specifications or any contract for work within one of the cities, the rate of pay
to such skilled and unskilled labor must be the prevailing rate of wage for such labor in that
city.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2022, section 473.704, subdivision 3, is amended to read:
Subd. 3.
Directordeleted text begin ; to be entomologistdeleted text end .
It may employ and fix the duties and
compensation of a director who shall develop the control programs of the district and shall
supervise its executiondeleted text begin ; such director shall be an entomologistdeleted text end .
Sec. 16. new text begin REQUIRING CITIES TO REPORT BUILDINGS THAT DO NOT HAVE
SPRINKLER SYSTEMS.
new text end
new text begin
(a) A city of the first or second class shall provide to the state fire marshal a list by June
20, 2024, and an updated list by June 30, 2027, and June 30, 2032, of each residential
building in the city that:
new text end
new text begin
(1) has at least one story used for human occupancy that is 75 feet or more above the
lowest level of fire department vehicle access;
new text end
new text begin
(2) was not subject to a requirement to include a sprinkler system at the time the building
was constructed; and
new text end
new text begin
(3) has not been retrofitted with a sprinkler system.
new text end
new text begin
(b) The state fire marshal shall submit the lists within 60 days of the due dates under
paragraph (a) to the chairs and ranking minority members of the legislative committees with
jurisdiction over the State Building Code and the State Fire Code.
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2022, section 383B.143, subdivisions 2 and 3,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 43A.17, subdivision 9,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (b) is effective the day following final enactment.
new text end
ARTICLE 4
MUNICIPAL BUILDING COMMISSION DISSOLUTION
Section 1. new text begin PREEMPTION.
new text end
new text begin
This article supersedes any other law, home rule charter provision, and city ordinance
to the contrary.
new text end
Sec. 2. new text begin DEFINITIONS.
new text end
new text begin
(a) For the purposes of this article, the terms defined in this section have the meanings
given unless the context indicates otherwise.
new text end
new text begin
(b) "City hall and courthouse" means the city hall building and courthouse owned by
the city of Minneapolis and Hennepin County and under the care and control of the Municipal
Building Commission pursuant to Minnesota Statutes, sections 383B.75 to 383B.754.
new text end
new text begin
(c) "Dissolution date" means the day after the Municipal Building Commission, the city
of Minneapolis, and Hennepin County fully execute the transactional documents.
new text end
new text begin
(d) "Municipal Building Commission" means the entity created by Minnesota Statutes,
section 383B.75.
new text end
new text begin
(e) "Transactional documents" means the agreements and documents, including any real
estate ownership structure or joint powers agreement under Minnesota Statutes, section
471.59, needed to effectuate the efficient dissolution of the Municipal Building Commission
pursuant to this act.
new text end
Sec. 3. new text begin TRANSFER OF ASSETS.
new text end
new text begin
Notwithstanding any other law to the contrary, the transaction documents shall provide
for the transfer of all assets of the Municipal Building Commission, including but not limited
to all furniture, fixtures, equipment, and other personal property of the Municipal Building
Commission to the city of Minneapolis or other legal entity as necessary and appropriate
for the use of the assets in the ongoing operation and management of the city hall and
courthouse.
new text end
Sec. 4. new text begin MUNICIPAL BUILDING COMMISSION DISSOLUTION.
new text end
new text begin
(a) Notwithstanding any other law or home rule charter provision to the contrary, the
Municipal Building Commission and all its functions will be dissolved upon the dissolution
date.
new text end
new text begin
(b) The transactional documents must include how the city of Minneapolis and Hennepin
County will manage the outstanding liabilities of the Municipal Building Commission that
exist as of the dissolution date.
new text end
Sec. 5. new text begin TRANSACTIONAL DOCUMENTS; AGREEMENTS.
new text end
new text begin
(a) The Municipal Building Commission, city of Minneapolis, and Hennepin County
may execute transactional documents to effectuate the transfer of assets and dissolution
provided for in this article.
new text end
new text begin
(b) The Municipal Building Commission, city of Minneapolis, and the representatives
of the Municipal Building Commission employees must reach an agreement addressing the
impact of a dissolution on employees before fully executing the transactional documents.
new text end
new text begin
(c) The Municipal Building Commission, city of Minneapolis, and Hennepin County
must fully execute the transactional documents before the filing of a certificate of local
approval of this article.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 383B.75; 383B.751; 383B.752; 383B.753; and
383B.754,
new text end
new text begin
are repealed.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day after the governing body of the city of Minneapolis and
its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2
and 3.
new text end
APPENDIX
Repealed Minnesota Statutes: H1826-2
15.0395 INTERAGENCY AGREEMENTS AND INTRA-AGENCY TRANSFERS.
(a) By October 15, 2018, and annually thereafter, the head of each agency must provide reports to the chairs and ranking minority members of the legislative committees with jurisdiction over the department or agency's budget on:
(1) interagency agreements or service-level agreements and any renewals or extensions of existing interagency or service-level agreements with another agency if the cumulative value of those agreements is more than $100,000 in the previous fiscal year; and
(2) transfers of appropriations between accounts within or between agencies, if the cumulative value of the transfers is more than $100,000 in the previous fiscal year.
The report must include the statutory citation authorizing the agreement, transfer or dollar amount, purpose, and effective date of the agreement, the duration of the agreement, and a copy of the agreement.
(b) As used in this section, "agency" includes the departments of the state listed in section 15.01, a multimember state agency in the executive branch described in section 15.012, paragraph (a), the Department of Information Technology Services, and the Office of Higher Education.
16B.24 GENERAL AUTHORITY.
Subd. 13.
Electric vehicle charging.
The commissioner shall require that a user of a charging station located on the State Capitol complex used to charge a private electric vehicle pay an electric service fee. The commissioner shall set the electric service fee rate to cover the electricity costs for charging an electric vehicle and for the administrative costs associated with providing electric charging stations.
16E.0466 STATE AGENCY TECHNOLOGY PROJECTS.
Subd. 2.
Legislative report.
No later than October 1, 2017, and annually thereafter, the state chief information officer must submit a comprehensive project portfolio report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over state government finance on projects requiring consultation under subdivision 1. The report must itemize:
(1) each project presented to the office for consultation in the time since the last report;
(2) the information technology cost associated with the project, including the information technology cost as a percentage of the project's complete budget;
(3) the status of the information technology components of the project's development;
(4) the date the information technology components of the project are expected to be completed; and
(5) the projected costs for ongoing support and maintenance of the information technology components after the project is complete.
43A.17 SALARY LIMITS, RATES, RANGES AND EXCEPTIONS.
Subd. 9.
Political subdivision compensation limit.
(a) The salary and the value of all other forms of compensation of a person employed by a political subdivision of this state, excluding a school district, may not exceed 110 percent of the salary of the governor as set under section 15A.082, except as provided in this subdivision. For purposes of this subdivision, "political subdivision of this state" includes a statutory or home rule charter city, county, town, metropolitan or regional agency, or other political subdivision, but does not include a hospital, clinic, or health maintenance organization owned by such a governmental unit.
(b) Beginning in 2006, the limit in paragraph (a) must be adjusted annually in January. The limit must equal the limit for the prior year increased by the percentage increase, if any, in the Consumer Price Index for all-urban consumers from October of the second prior year to October of the immediately prior year.
(c) Deferred compensation and payroll allocations to purchase an individual annuity contract for an employee are included in determining the employee's salary. Other forms of compensation which must be included to determine an employee's total compensation are all other direct and indirect items of compensation which are not specifically excluded by this subdivision. Other forms of compensation which must not be included in a determination of an employee's total compensation for the purposes of this subdivision are:
(1) employee benefits that are also provided for the majority of all other full-time employees of the political subdivision, vacation and sick leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits or like benefits the cost of which is borne by the employee or which is not subject to tax as income under the Internal Revenue Code of 1986;
(2) dues paid to organizations that are of a civic, professional, educational, or governmental nature; and
(3) reimbursement for actual expenses incurred by the employee which the governing body determines to be directly related to the performance of job responsibilities, including any relocation expenses paid during the initial year of employment.
The value of other forms of compensation is the annual cost to the political subdivision for the provision of the compensation.
(d) The salary of a medical doctor or doctor of osteopathic medicine occupying a position that the governing body of the political subdivision has determined requires an M.D. or D.O. degree is excluded from the limitation in this subdivision.
(e) The commissioner may increase the limitation in this subdivision for a position that the commissioner has determined requires special expertise necessitating a higher salary to attract or retain a qualified person. The commissioner shall review each proposed increase giving due consideration to salary rates paid to other persons with similar responsibilities in the state and nation. The commissioner may not increase the limitation until the commissioner has presented the proposed increase to the Legislative Coordinating Commission and received the commission's recommendation on it. The recommendation is advisory only. If the commission does not give its recommendation on a proposed increase within 30 days from its receipt of the proposal, the commission is deemed to have made no recommendation. If the commissioner grants or granted an increase under this paragraph, the new limitation must be adjusted beginning in August 2005 and in each subsequent calendar year in January by the percentage increase equal to the percentage increase, if any, in the Consumer Price Index for all-urban consumers from October of the second prior year to October of the immediately prior year.
136F.03 CANDIDATE ADVISORY COUNCIL.
Subdivision 1.
Purpose.
A Candidate Advisory Council for the board shall assist the governor in determining criteria for, and identifying and recruiting qualified candidates for, nonstudent membership on the board.
Subd. 2.
Membership.
The advisory council consists of 24 members. Twelve members are appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate. Twelve members are appointed by the speaker of the house. No more than one-third of the members appointed by each appointing authority may be current or former legislators. No more than two-thirds of the members appointed by each appointing authority may belong to the same political party; however, political activity or affiliation is not required for the appointment of a member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 governs the advisory council, except that the members must be appointed to six-year terms.
Subd. 3.
Duties.
(a) The advisory council shall:
(1) develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board and shall distribute this to potential candidates; and
(2) for each position on the board, identify and recruit qualified candidates for the board, based on the background and experience of the candidates, and their potential for discharging the responsibilities of a member of the board.
(b) Selection criteria developed under this section must include the requirement that trustees represent diversity in geography, gender, race, occupation, and experience.
(c) Selection criteria developed under this section must also include the identification of the membership needs of the board for individual skills relevant to the governance of the Minnesota State Colleges and Universities and the needs for certain individual characteristics that include geographic location, gender, race, occupation, and experience.
Subd. 4.
Recommendations.
Except for seats filled under sections 136F.04 and 136F.045, the advisory council shall recommend at least two and not more than four candidates for each seat. By April 15 of each even-numbered year in which the governor makes appointments to the board, the advisory council shall submit its recommendations to the governor and to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance. The governor is not bound by these recommendations.
Subd. 5.
Support services.
The Legislative Coordinating Commission shall provide administrative and support services for the advisory council.
179.90 OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
The commissioner of mediation services shall establish an Office of Collaboration and Dispute Resolution within the bureau. The office must:
(1) promote the broad use of community mediation in the state, ensuring that all areas of the state have access to services by providing grants to private nonprofit entities certified by the state court administrator under chapter 494 that assist in resolution of disputes;
(2) assist state agencies, offices of the executive, legislative, and judicial branches, and units of local government in improving collaboration and dispute resolution;
(3) support collaboration and dispute resolution in the public and private sector by providing technical assistance and information on best practices and new developments in dispute resolution options;
(4) educate the public and governmental entities on dispute resolution options; and
(5) promote and utilize collaborative dispute resolution models and processes based on documented best practices including, but not limited to, the Minnesota Solutions model:
(i) establishing criteria and procedures for identification and assessment of dispute resolution projects;
(ii) designating projects and appointing impartial convenors by the commissioner or the commissioner's designee;
(iii) forming multidisciplinary conflict resolution teams; and
(iv) utilizing collaborative techniques, processes, and standards through facilitated meetings until consensus among parties is reached in resolving a dispute.
179.91 GRANTS.
Subdivision 1.
Authority.
The commissioner of mediation services shall to the extent funds are appropriated for this purpose, make grants to private nonprofit community mediation entities certified by the state court administrator under chapter 494 that assist in resolution of disputes. The commissioner shall establish a grant review committee to assist in the review of grant applications and the allocation of grants under this section.
Subd. 2.
Eligibility.
To be eligible for a grant under this section, a nonprofit organization must meet the requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
Subd. 3.
Conditions and exclusions.
A nonprofit entity receiving a grant must agree to comply with guidelines adopted by the state court administrator under section 494.015, subdivision 1. Sections 16B.97 and 16B.98 and policies adopted under those sections apply to grants under this section. The exclusions in section 494.03 apply to grants under this section.
Subd. 4.
Reporting.
Grantees must report data required under chapter 494 to evaluate quality and outcomes.
383B.143 CONTRACTS FOR PURCHASES.
Subd. 2.
Installment purchases.
The board may enter into agreements for installment purchases or lease purchases of equipment for periods not to exceed seven years. Authority therefor shall not be delegated. When the agreements have been entered into, the board shall make annual appropriations sufficient to pay the annual amount due under the agreements.
Subd. 3.
Agreement duration.
Agreements, other than installment purchase agreements or lease purchases, may be entered into by the board for a duration not to exceed seven years where performance thereunder so requires.
383B.75 MUNICIPAL BUILDING COMMISSION.
That from and after the first Monday in January, 1904, all of the completed portions of the Hennepin County and Minneapolis Courthouse and City Hall Building, erected pursuant to chapter 395 of the Special Laws of 1887, shall be under the exclusive care of a commission of four members, styled "the municipal building commission," which shall be constituted as follows: The chair of the Board of County Commissioners of Hennepin County, the mayor of the city of Minneapolis, a person appointed by the Board of County Commissioners of Hennepin County, who shall serve at its pleasure, and a person appointed by the city council of the city of Minneapolis, who shall serve at its pleasure. The chair of the Board of County Commissioners of Hennepin County shall be president of said commission, and the mayor of the city of Minneapolis, vice-president thereof. The person appointed by the Board of County Commissioners of Hennepin County shall be the secretary of said commission and as such shall keep the records and accounts thereof. The comptroller treasurer of the city of Minneapolis shall keep a correct account of the receipts and expenditures of the commission. The commission shall by resolution establish regular meeting dates.
383B.751 CARE AND CONTROL OF BUILDING.
The commission hereby created shall have the entire care and control of all of said courthouse and city hall building. It shall have power to assign unassigned rooms and space in any part of said building with entire control of any room or rooms in said building, and of all halls and corridors and of all boiler and machinery rooms. The commission in its discretion may reassign and reallocate occupied rooms or space therein provided that space already occupied may not be reassigned except after a hearing before said commission on written notice to the occupant or person in charge of such space; and the vote of three members of said commission shall govern as its final action after such hearing; provided further that any interested party may appeal from an adverse ruling of said commission to the district court, which court shall summarily decide the matter after a hearing thereon in the same manner as a civil case, and the determination of said matter by said court shall be final, provided that if the space in controversy is occupied or sought to be occupied by a district court judge or other district court official, that said final determination be made by a judge of the district court from a district other than that comprising Hennepin County, which other judge shall be selected by the governor upon request of the commission. When so determined and after being served with the court order the occupant or person in charge of such space or room shall remove therefrom in accordance with the terms of the order, and failing to do so, shall be deemed in contempt of court.
The commission shall also have the care and control of all engines, boilers, machinery, elevators and all mechanical and electrical appliances of every nature in said building. It shall cause all of the occupied portions of said building to be properly heated, lighted, cleaned and kept in repair for public use, with full authority to appoint any and all employees necessary to properly perform the duties hereby devolved upon such commission, with authority to fix the compensation of such employees. Persons employed by the municipal building commission on or before August 1, 1977, or thereafter, and having at least six months service, shall have tenure based on length of service. Promotions shall be filled from the eligible lists established and maintained by the Minneapolis civil service commission. No employee after six months continuous employment shall be removed or discharged except upon a majority vote of the members of the municipal building commission for cause, upon written charges and after an opportunity to be heard at a hearing conducted by the municipal building commission. The Minneapolis civil service rules relating to cause for removal shall govern. An employee removed for cause may appeal to district court, which decision shall be final.
Nothing herein contained shall be construed to interfere in any manner with the powers and duties of the courthouse and city hall commission engaged in completing and furnishing said building.
383B.752 EXPENSES; WARRANTS.
Said commission shall at the beginning of each calendar month render a detailed statement to the county auditor of Hennepin County and to the city controller of the city of Minneapolis, respectively, of all its expenses necessarily incurred for the purposes contemplated by sections 383B.75 to 383B.754 during the last preceding month in or with reference to portions of said building used or occupied by the county and by the city, respectively, including the proper portions of all expenses rendered for the common benefit of the county and city and properly chargeable to each of such municipalities; whereupon it shall become the duty of the proper officers of said county and of said city to forthwith draw warrants upon their respective treasurers, each for the amount of the account rendered against it by said commission, and it shall be the duty of the treasurer of said municipal building commission to forthwith pay to the parties properly entitled thereto the several amounts specified in said accounts rendered.
383B.753 EXCLUSIVE CONTROL.
From and after the first Monday in January, 1904, neither the Board of County Commissioners of Hennepin County, nor the city council of the city of Minneapolis shall have anything to do with the care of any portion of the courthouse and city hall building, nor shall they have anything to do with the control of any portions of said building not specifically assigned for official use.
383B.754 BUDGET DATE.
It shall be the duty of the municipal building commission to prepare a detailed statement of the estimated expenditures of such commission for the then ensuing year and transmit the same each year to the Board of County Commissioners of Hennepin County on the date specified by the board. The estimate shall specify what portion of the total expenditures of the commission shall be borne by the county and city, respectively, and it shall be the duty of the county commissioners to levy a tax at its proper meeting sufficient to meet the county share of the final statement of estimated expenditures. A like estimate shall be transmitted each year to the city council of the city of Minneapolis on the date specified by the council, and it shall be the duty of the city council to levy a tax at its proper meeting sufficient to meet the city's portion of the final statement of estimated expenditures. If the dates specified by the city and county are different, the commission shall transmit its budget estimate to both the city and the county on the earlier of the two dates. The commission shall submit a final statement of estimated expenditures ten days before the date Hennepin County and the city of Minneapolis are required to certify their tax levies.